IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5234 OF 2025 Between: Ummadi Manjulamma, W/o. Kotaiah, Aged about 54 Village. Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District years, Kommalapudi ...PETITIONER AND 1. The state of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, AP, Secretariat Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Nellore, SPSR Nellore District. 3. The Revenue Divisional Officer, Podalakuru Revenue Division Nellore District. 4. The Tahsildar, Manubolu Mandal, SPSR Nellore District. 5. The Village Revenue Officer, Cherukumudi Revenue Mandal, SPSR Nellore District. SPSR Manubolu ...RESPONDENTS praying that in Petition under Article 226 of the Constitution of India the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue may an appropriate writ order or direction more in the nature of writ of mandamus declaring the action of the 4*^ respondent in issued proceeding notice dated 24-02-2025 in Rc.B/43/2025 issued under section 7 of the Andhra Pradesh Land Encroachment respondent 4*" seeking to dispossess the petitioner from his land 992 to an extent of Ac.0.25 cents and to Act, 1905 of the LPM No. an extent of Ac. 1.725 cents in Mandal, SPSR Nellore unconstitutional and violative of Sy.No.699 of Cherukumudi Revenue, Manubolu District as highly illegal, arbitrary Principles of Natural Justice and violative of Article , Constitution of India and dtsfiossess the petitioner his land LPM No. 14, 21 and 300-A of the consequently direct the respondents not to 992 to an extent of Ac.0.25 l^tjand to an extent of Ac. 1.725 cents in Sy.No.699 of Cherukumudi ■ Ffevenue, Manubolu Mandal, SPSR Nellore District, ■'- impugned notice dated 24-02-2025 in Rc.B/43/2025 issued by 4 respondent. by suspending the lA NO: 1 OF 207.*; Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to dispossess the LPM No. 992 to an extent of Ac.0.25 cents and petitioner his land to an extent of Ac. 1.725 cents in Sy.No.699 of Cherukumudi Revenue, Manubolu Mandal Nellore District, by suspending the impugned notice dated Rc.B/43/2025 issued by 4*^ respondent pending disposal of the above writ petition. SPSR 24-02-2025 in Counsel for the Petitioner: SMT. KOPPARTHI SUMATHI Counsel for the Respondent Nos.1 to 5: GP FOR REVENUE The Court made the following: ORDER r APHC010102652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] 0?^ MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5234/2025 Between: Ummadi Manjulamma ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KOPPARTHI SUMATHI Counsel for the Respondent{S): 1.GP FOR REVENUE The Court made the following: ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue an appropriate writ order or direction more in the nature of writ of mandamus declaring the action of the 4th respondent in issued proceeding notice dated 24.02.2025 in Rc.B/43/2025 issued under section 7 of the Andhra Pradesh Land Encroachment Act, 1905 of the respondent 4th seeking to dispossess the petitioner from his land LPM No. extent of Ac.O. 25 cents and to 992 to an an extent of Ac.1.725 cents in Sy.No.699 of Cherukumudi Revenue, SPSR Nellore District, Manubolu Mandal, highly illegal, arbitrary, unconstitutional and violative of Principles of Natural Justice as and violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner from his land LPM No. 992 extent of Ac.0.25 cents and to an extent of Ac. 1.725 cents in Sy.No.699 of Cherukumudi Revenue, SPSR Nellore District, by suspending the impugned dated 24.02.2025 in Rc.B/43/2025 issued by 4 and to pass such other order or orders...’’ to an Manubolu Mandal, notice respondent th 2. Heard the learned counsel for the petitioner and the learned for the respondents. counsel The learned counsel for the petitioner submits that the the pattadar of land in an extent of Ac. 0.25 Sy. No. 699 in LPM No.992 of Cherukumudi Revenue 3. petitioner is cents and Ac. 1.725 cents in Manubolu Mandal, SPSR Nellore District, having acquired by way of assignment granted patta in the year 2023. Since then, petitioner has been in possession and enjoyment of the subject property and cultivating subject land by raising a paddy crop. 4. She further submits that, despite the petitioner’ as pattadar in 1-B register by the Revenue authorities s name was mutated pursuant to the assignment in her favour, ignoring the subject record, the respondent No. 4 ^ issued a notice dated 24.02.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, alleging that the petitioner is an encroacher of the subject land. She contends that it is a well-settled principle of law that once the petitioner has been mutated as pattadar of the subject property through 1-B register, the respondent authorities cannot be termed the petitioner as an encroacher without conducting an enquiry and without following due procedure and also without issuing any proper proceedings and providing an opportunity of hearing to the petitioner. As such, the of notice under section 7 of the Andhra Pradesh Land Encroachment Act is contrary to the record and settled proposition of law. issuance She further submits that, even assuming if the patta was not granted in favor of the petitioner in question, the respondents are at statutory compliance to conduct a proper inquiry and to pass an order determining its genuineness. However, without conducting such an inquiry passing any such order, the respondent No. 4 issued the impugned notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, treating the petitioner as an encroacher, which is illegal, arbitrary and contrary to the record and also in violation of principles of natural justice. 5. or On the other hand, the learned counsel for the respondents submitted written instructions issued by the 4th respondent on 03.03.2025, 6. which state as follows; It is submitted that one Sri.K.Chandramohan Reddy has filed PGRS application No.NLR 202501209253, DATED 20.01.2025 stating that Chanduluru Rajeswaramma, Gollapalli srinivasuiu, Ummadi Chengaiah, Ummadi Sailamma, Ummadi Manjulamma, Ummadi 1. Haribabum, Kanthamma, Gurram Ramanaiah and Chanduluru Kamakshi have encroached the Government land and also alienated to others and requested to take necessary action and resume the Government land. Gurram 2. The Field staff, who enquired into the matter, reported that the land occupied by the petitioner is classified as Dolled land and the particulars of assignment granted in Sy.Nos.50, 142/3, 149 etc., of Cherukumudi village not recorded any basic records, such as D-register, that the petitioners not furnished any documents to prove their right and title of the land. Verified the connected records and noticed that, the names of Ummadi Chengaiah, Ummadi Sailamma, Ummadi Manjulamma, Ummadi haribabu etc., recorded as a enjoyers by giving separate LPMs. The 4^^ respondent herein issued a notice to the encroachers/writ petitioners vide Rc.B/43/2025 datwed 28.01.2025 informing that, to attend before the enquiry 07.02.2025 before the tahsildar at 11.00 am along with relevant records to prove their right and title over the land, the notices served on them in 30.01.2025. 3. 4. on person on 5. In response the notice, the writ petitioners and other encroachers attended the enquiry on 07.02.2025 before the Tahsildar, Manubolu”. 7. The learned Government Pleader submits that an inquiry was conducted, and a notice was issued to the petitioner on 28.01.2025. However, the petitioner failed to appear before the respondent authority. r Consequently, the impugned notice was issued, treating the petitioner as an encfoacher based on the nature of the land. Having considered the submissions made by the learned counsel for 8. the petitioner and the learned Government Pleader for the respondents. and on perusal of the material available on record, this Court is of the f considered view that without going into the merits of the case, the present writ petition can be disposed of by directing the petitioner to submit a detailed explanation in pursuance to the impugned notice dated 24.02.2025, issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, within a period of four (04) weeks from today. Upon submission of such an explanation, the 4**^ respondent shall consider the same and provide an opportunity of hearing to the petitioner, either in person or through counsel, and thereafter pass a speaking order, taking into account the 1-B register, adangal and revenue records while considering the alleged encroachment. This process shall be completed within a period of two (02) months thereafter from the date of receipt of the explanation from the petitioner. In the meantime, the respondents shall not interfere with the peaceful possession and enjoyment of the subject property of the petitioner. If the petitioner fails to submit any explanation as directed, the respondents are at liberty to proceed further in accordance with the law. II With the above said direction, the Writ Petition is disposed of. There 9. shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR f 9^ //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, A.P, Secretariat Velagapudi, Amaravathi, Guntur District. The District Collector, Nellore, SPSR Nellore District. The Revenue Divisional Officer, Podalakuru Revenue Division, SPSR Nellore District. The Tahsildar, Manubolu Mandal, SPSR Nellore District. The Village Revenue Officer, Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District. One CC to Smt. Kopparthi Sumathi, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] Three CD Copies. 2. 3. 4. 5. 6. 7. 8. ssb f HIGH COURT DATED:03/03/2025 ^ — ORDER X 2 4 MAR 20S ^ . Current Section ^5£esPATC«^^ WP.No.5234 of 2025 m- 09/ DISPOSING OF THE W.P. WITHOUT COSTS