\ '\ APHC010106132025 IN THE HIGH COURT OF ANDHRA PRADES AT AMARAVATI (Special Original Jurisdiction) V- T3'j II TUESDAY,THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 61 OP OF 2025 // v\. .C Between: Irigi Ramulu, S/o. Hanumaiah, Aged about 60 Village and Mandal, Guntur District. years, Agriculture, R/o. Thullur ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary Department, Secretariat Building Velagapudi, Guntur District. 2. The District Collector, Prakasam District, Ongole. 3. The Tahsildar, Giddalur Mandal, Prakasam District. 4. The Station House Officer, Giddalur Police Station 5. Yaramala Subbareddy, S/o. Balireddy, Aged about No. 2-1, Burujupalli Village, Mundlapadu Gram Panchayat Mandal, Prakasam District. Revenue Prakasam District. 66 years, R/o. D. Giddalur ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ or order more particularly one in the nature writ of mandamus or an respondent to take further action appropriate writ or order declaring the inaction of the pursuant to the notice dated 22.12.2023 issued U/s. 7 of the Land Encroachment Act, 1905 to the S'" respondent for removal of the encroachment from the Vaagu Poramboke land to an extent of Ac. 0.36 Cents in Sy. No.958 of Mundlapadu Village, Giddalur Mandal, Prakasam District, is illegal, arbitrary and unconstitutional and consequently. lA NO: 1 OF 2025 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 3'^'^ respondent to take further action pursuant to the notice dated 22.12.2023 issued U/s. 7 of the Land Encroachment Act, 1905 to the 5“^ respondent for removal of the encroachment from the Vaagu Poramboke land to an extent of Ac. 0.36 Cents in Sy. No. 958 of Mundlapadu Village, Giddalur Mandal, Prakasam District, pending disposal of the writ petition. Counsel for the Petitioner: SRI KOTI REDDY IDAMAKANTI Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR HOME The Court made the following order: APHCOI 0106132025 HftlS IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE NINETEENTH DAY OF AUGUST two’thousand and twenty five PRESENT HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 6109/2025 Betw^^^l g^Q hANUMAIAH, AGED ABOUT 60 YEARS, R/O. THULLUR VILLAGE AND MANDAL, ...PETITIONER AND 1 THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT iSf VELAGAPUDI, GUNTUR DISTRICT^ THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ONGOLE. DISTRICI CULLtu MANDAL, PRAKASAM [3330] THE AGRICULTURE GUNTUR DISTRICT. 2.THE TAHSILDAR, DISTRICT. GiDDALUR POLICE STATION HOUSE OFFICER, 3.THE STATION, PRAKASAM DISTRICT. Ar-cnApmiT 4.YARAMAUA SUBBAREDDY, S/O. BALIREDDY^^AGED A^O^UT ®mUND^TadS'gRAM PANCHAYAT, GIDDALUR MANDAL, PRAKASAM DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of 'r>dia praying that in the circumstances stated in the affidavit filed thererAnth, the High Court may be pleased topleased to issue a mv or more particularly one in the nature virrit of mandamus or an appropriate writ or or^er declaring the inaction of the 3RD respondent to take further acton pursuant to the notice dated 22.12.2023 issued U/s. 7 of the Land Encroachment Act, 1905 to the 5TH respondent for remova o the encroachment from the Vaagu Poramboke land to a" 0 36 Cients in Sy. No. 958 of Mundlapadu Village, Giddalur MandaL District, is illegal, arbitrary and unconstitutional and Prakasam consequently and pasS lA NO; 1 OF 2025 that in the Petition under Section 151 CPC - ^ ^ circumstances stated in the affidavit filed in support of the High Court may be pleased pleased Jtirltoued tiike further action pursuant to the notice dated 22H2.2( U/s. 7 of the Land Encroachment Act, 1905 to he 5 responclent removal of the encroachment from he Vaagu Poramboke land to an praying 2 extent of Ac. 0.36 Cent;; in Sy. No. 958 of Mundlapadu Village, Giddalur Mandal, Prakasam District, pending disposal of the writ petit on and pass Counsel for the Petitioner: 1.KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1.GP FOR REVENUE THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.6109 of 2025 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the inaction of the 3'^'^ respondent to take further action pursuant to the notice dated 22.12.2023 issued U/s.7 of the land Encroachment Act, 1905 to the 5™ respondent for removal of the encroachment from the Vaagu Poramboke land to an extent of Ac.0.36 Cents in Sy.No.958 of Mundlapadu Village, Giddalur Mandal, Prakasam District, is illegal, arbitrary and unconstitutional and consequently pass other order or orders... ” 2 Heard Sri I.Koti Reddy, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondent Nos.1 to 3. A notice dated 22.12.2023 was issued by the 3'”'^ respondent- 3. Tahsildar to the unofficial respondent under Section 7 of the land Encroachment Act, 1905 (hereinafter referred as ‘Act’). Since there is no action pursuant to the notice dated 22.12.2023, present writ petition is filed seeking a direction to the 3^^^ respondent to take appropriate action as per the procedure established under the Act. Learned Assistant Government Pleader submits that respondent 4. No.5/unofficial respondent refused to receive the notice and hence, the 4 same was displayed in the notice board at the Gram Panchayat Office, Mundlapadu Village. 5. Learned counsel for the petitioner address this Court divulging that the Tahsildar has filed written statement in suit vide O.S.No.50 of 2024, filed for permanent injunction. Junior Civil Judge, Giddalur, by the unofficial said suit it is specifically stated that the unofficial on the file of learned Principal respondent and in the respondent has encroached upon the Government property, but the Tahsildar taken suitable measures to address the encroachment has not and to protect the property of Government, in an extent of Ac.0.36 Cents in Sy.No.958 of Mundlapadu Village, Giddalur District. Mandal, Prakasam 6. This Court directed or permitted the learned counsel for petitioner to send notice to the unofficial respondent. The to the unofficial respondent ‘refused’, it is deemed notice sent was returned with an endorsement service of notice. Hence, notice to the 5*^ respondent is dispensed with. Therefore, this Court is of the opinion that the S''"' respondent is required to take appropriate steps pursuant to the notice already issued under Section 7 of the Act. 7. Accordingly, the Writ Petition i disposed of directing the 3^"* respondent to take further steps on the notice issued on 22.12.2023 under Section 7 of the Act, in accordance with law. There shall be IS no order as to costs. 5 As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. Sd/- M. SRINIVAS assistant REGISTRAR / SECTJON OFFICER ,/ //TRUE COPY// To, The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Building Velagapudi, Guntur District. The District Collector, Prakasam District, Ongole. The Tahsildar, Giddalur Mandal, Prakasam District. The Station House Officer, Giddalur Police Station, Prakasam District. One CC to Sri Koti Reddy Idamakanti, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CCs to GP for Home, High Court of Andhra Pradesh [OUT] Two CD Copies. 1. 2. 3. 4. 5. 6. 7. 8. ssb HIGH COURT DATED:19/08/2025 ORDER WP No. 6109 OF 2025 % o j/O 23 SEP 2025 I 0 €> Current beeiion ^ ' >4^eSPATCV^?-^-'' DISPOSING OF THE W.P. WITHOUT COSTS