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: 5318 OF 2025 Between: Ummadi Chengaiah, S/o. Venkaiah Aged about 54 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 praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue an appropriate writ order or direction more in the nature of writ of mandamus declaring the action of the 4th issued proceeding notice dated 24-02-2025 in RcB.No.43/2025 issued may respondent in I; f under section 7 of the Andhra Pradesh Land Encroachment Act the respondent 4th seeking to dispossess the petitioner from his land LPM No. 1037 to an extent of Ac. 1.948 cents in Sy.No.700 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore District 1905 of 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. 1037 to an extent of Ac. 1.948 cents Cherukumudi Revenue, Manubolu Mandal suspending the impugned notice dated 24-02-2025 in RcB.No.43/2025 issued by 4th respondent. in Sy.No.700 of SPSR Nellore District by lA NO: 1 OF 2Q2fi 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. 1037 to an extent of Ac.1.948 cents in Sy.No.700 of Cherukumudi Revenue, Manubolu Mandal, SPSR Nellore petitioner his land District by suspending the impugned notice dated 24-02-2025 in RcB.No.43/2025 issued by 4th respondent pending disposal of the above writ petition. Counsel for the Petitioner: SRI. Counsel for the Petitioner: SRI. KOPPARTHI SUMATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following order: ::1:: APHC010102672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] t- MONDAY JHE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5318/2025 Between: Ummadi Chengaiah ...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 2 4 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5318/2025 The Court made the following: ORDER: India This Writ Petition is filed under Article 226 of the Constitution of seeking the following relief; direction more in the nature of writ of respondent in issuing proceeding “to issue an appropriate writ order or mandamus declaring the action of the 4 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 4 seeking to dispossess the petitioner from his land LPM No. 1037 to an Ac 1 948 cents in Sy.No.700 of Cherukumudi Revenue, Manubolu Mandal SPSR Nellore District, as highly illegal, arbitrary, unconstitutional and violative of Principles of Natural Justice and violative of Adieus 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. 1037 to an ^f^nt ^f Ac.1.948 cents in Sy.No.700 of Cherukumudi Revenue, ^anMu Vandal SPSR Nellore District, by suspending the Impugned notice dated 24.02^202 in Rc.B/43/2025 issued by 4"’ respondent and to pass such other order or orders..” 2. Heard the learned counsel for the petitioner and the learned counsel for the respondents. learned counsel for the petitioner submits that the petitioner is the extent of Ac.1.948 cents in Sy.No.700 Manubolu Mandal, SPSR Nellore District, having The 3. pattadar of land in LPM No. 1037 to an of Cherukumudi Revenue acquired by way of assignment granted in the year 2009. Since then, he has been in possession and enjoyment of the subject property and cuitivating the said agricultural land by raising a paddy crop. 3 4. Learned counsel further submits that, despite the petitioner mutated as pattadar in 1-B register by the Revenue Authorities pursuant to the assignment in his 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 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. was 5. Learned counsel further submits that, even assuming if the patta was not granted in favour of the petitioner in question, but the respondents 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 an encroacher, which is illegal and arbitrary and contrary to the record. are as Having considered the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, and on perusal of the material available on record, this Court is of the considered view that witiqout going into the merits of the case, the present writ petition is 6. A 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. With the above said direction, the Writ Petition is disposed of. There 7. 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 REGISTRAR / f^^FICER //TRUE COPY// SEC To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, 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. 6. One CC to Sri. Kopparthi Sumathi Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 8. Three CD Copies ¥ GSC HIGH COURT DATED:03/03/2025 ORDER WP.No.5318 of 2025 DISPOSING OF THE WP WITHOUT COSTS