IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE •S PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5313 OF 2025 Between: Ummadi Sailamma, W/o. Chengaiah, Aged about 49 years, Kommalapudi Village, Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District. ...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, SPSR Nellore District. 4. The Tahsildar, Manubolu Mandal, SPSR Nellore District. 5. The Village Revenue Officer, Cherukumudi Revenue, Manubolu Mandal SPSR Nellore District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased 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. 992 and 1031 to an extent of Ac. 1.948 cents and to an extent of Ac. 0.31 cents in Sy.No.699 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District as highly illegal, arbitrary, unconstitutional and violative of Principles of Natural Justice and violative of Article 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to dispossess the petitioner his land LPM No. 992 and 1031 to an extent of Ac.1.948 cents and to an extent of Ac. 0.31 cents in Sy.No.699 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District by suspending the impugned notice dated 24-02-2025 in Rc.B/43/2025 issued by 4th respondent. lA NO: 1 OF 2025 Petition under Section 151 CPC is filed 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 petitioner his land LPM No. 992 and 1031 to an extent of Ac.1.948 cents and to an extent of Ac. 0.31 cents in Sy.No.699 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District by suspending the irppugned notice dated 24-02-2025 in Rc.B/43/2025 issued by 4th respondent. Counsel for the Petitioner: SMT. KOPPARTHI SUMATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following: ORDER ..1.. • • X ■ • APHC010102692025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5313/2025 Between: Ummadi Sailamma ...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 / 4 2 HONOURABLE SRI JUSTICE VENKATESWARLU NINIMAGADDA WRIT PETITION NO: 5313/202 5 THE The Court made the following: ORDER: is filed under Article 226 of the Constitution of India This Writ Petition is seeking the following relief; "to issue an appropriate writ order or direction more in the nature of wr;f IndZus declaring the actior, of the 4* respondent ,n of of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District as extent of Ac 0 31 cents in Sy.No.699 of Cherukumudi Revenue, ^fuj^olu ManHai <^PSR Nellore District by suspending the impugned notice dated 2:2^%25 inRc ^of5 issued by respondent and to pass sncP other order or orders.. ” 2. Heard the the respondents. learned counsel for the petitioner and the learned counsel for counsel for the petitioner submits that the petitioner is The learned 3. the pattadar of land to an extent of Ac. 1.948 cents and Ac. 0.31 cents in LPM No.992 and 1031. and Sy.No.699 respectively of Cherukumudi Revenue, having acquired by way of Manubolu Mandal, SPSR Nellore District^ assignment granted in the year and enjoyment of the subject property land by raising a paddy crop. 2019. Since then, she has been in possession and cultivating the said agricultural 3 Learned counsel further submits that, despite the petitioner mutated as pattadar in 1-B register by the Revenue Authorities 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 4. was 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 petitioner has been declared as pattadar of the subject property through 1-B register, while so, the respondent authorities cannot be termed the petitioner as an encroacher without following due procedure and without issuing any proper proceedings and providing an opportunity of hearing to the petitioner. Learned counsel further submits that, even assuming if the patta was not granted in favour of the petitioner in question, but the respondents are required to conduct a proper enquiry and to pass an order determining its genuineness. However, without conducting such an inquiry or passing any such order, 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 and arbitrary and contrary to the record. 5. Having considered the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and 6. on perusal of the material available on record, this Court is of the considered view that without going into the merits of the case, the present writ petition is tllL _ ::4:: disposed of by directing the petitioner to submit a detailed explanation in pursuance to the notice in Rc.B.43/2025, 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 concerning the alleged encroachment. This entire process shall be completed within a period of two (02) months from the date of receipt of a copy of this order. In the meantime, the respondents shall not interfere with the peaceful possession and enjoyment of the subject property of the petitioner. 7. With the above said direction, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. Sd/- K. SRINIVASA RAJU ASSISTANT REGISTER //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department AP Secretariat Velagapudi, Amaravathi, Guntur District. ’ 2. The District Collector, Nellore, SPSR Nellore District. NeMore®Di'strict.^‘''‘®'°''^' Revenue 4. The Tahsildar, Manubolu Mandal, SPSR Nellore District. Division, SPSR ' ^ 5. The Village Revenue Officer, Cherukumudi Revenue, Manubolu Mandal SPSR Nellore District. 6. One CC to Smt. Kopparthi Sumathi Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 8. Three CD Copies TF / HIGH COURT DATED:03/03/2025 ORDER WP.No.5313 of 2025 DISPOSING OF THE W.P., WITHOUT COSTS