IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) / THURSDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6601 OF 2020 Between: 1. Katru Venkateswara Rao, S/o. Rosaiah, Aged 49 years, Occ: Cultivation, 2. Katru Lakshman, S/o. Rosaiah, Aged 45 years, Occ - Cultivation, 3. Katru Satyanarayana, S/o. Rosaiah, Aged 55 years, Occ - Cultivation, 4. Katru Surya Chandra Rao, S/o. Rosaiah, Aged 35 years, Occ - Cultivation, All petitioners are R/o. Singagudem Village, Lingapalem Mandal, West Godavari District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. District Collector, West Godavari District at Eluru. 3. Revenue Divisional Officer, Eluru Revenue Division, Eluru, West Godavari District. 4. Tahsildar, Lingapalem Mandal, West Godavari 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 may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notice dt. 16.01.2020 issued by th^'4th. respondent under section 6 of Andhra Pradesh Land encroachment ’ ..act'1905; without issuing notice under Section 7 and in violation of Secies‘53 and 58(2) of the Andhra Pradesh Panchayat Act, 1994 ■ cdnsequentiai action of the respondents in insisting the petitioners to vacate from their houses and site properties situated in Ac.0.80 cents out of Ac.2.38 cents, covered by Survey No.159 of Singagudem Village of Lingapalem Mandal in West Godavari District, as illegal, irregular, arbitrary, without any authority of law and violative of provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends Articles 14, 21 and 300-A of constitution of India and consequently direct the respondents not to interfere in any manner with petitioners said house and site properties. lA NO: 1 OF 2020 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 suspend the operation of notice dt. 16.01.2020 issued by the 4th respondent under section 6 of Andhra Pradesh Land encroachment act 1905 and consequently direct the respondents not to interfere with their houses and site properties possession of petitioners' over admeasuring Ac.0.80 cents out of Ac.2.38 cents, covered by Survey No.159, situated in Singagudem Village of Lingapalem Mandal in West Godavari District, pending disposal of the main writ petition. lA NO: 2 OF 2020 1. The State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, West Godavari District at Eluru. APHC010106682020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] 11 THURSDAY ,THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 6601/2020 Between: Katru Venkateswara Rao and Others ...PETITIONER(S) AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. NIMMAGADDA revathi Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following: ORDER: Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue. Challenging the proceedings of the 4*'^ respondent in issuing notice 2. under Section 6 of the Andhra Pradesh Land Encroachment Act, 1908 (hereinafter referred to as the Act), the writ petition is filed. It is contended that before passing the impugned proceedings, the 3. respondents have not issued notice under Section 7 of the Act. The petitioners 2 occupation of the land to an extent of contend that their grandfather was Ac.0.80 cents in Sy.No.159 Godavari District. After demise of the in of Singagudem Village, Lingapalem Mandal. West grandfather, the petitioners father land and they have raised coconut con\it^ing in possession of the subject garden and the land is presently under cultivation of the petitioners, affidavit stating that notice under 4 jhe 4^^ respondent filed counter section 7 of the Act was sought to be served on the petitioners . However, the of the the notice. In the presence affixed at the subject land. Along with the petitioners have refused to receive witnesses, the said notice was counter affidavit, the 4' respondent has also annexed copies of the notice that 7 of the Act. It is contended by said to have been issued under Section respondent that the subject land is government land and the petitioners was the 4 are in unauthorized occupation pattas in favour of the landless poor, of these lands. In order to provide house site the action to evict the petitioners was initiated. Considered the rival submissions. From perusal of the reference to any of the notice said to Act. A careful perusal of the notice that is reflects that in the said notice dated submit their explanation well before deduced that the respondents notice, as,on the same day 5. impugned order, it would reflect that there is have been issued under Section 7 of the no 6 is annexed to the counter affidavit 02.01.2020, the petitioners were asked to 02.01.2020. From the above, it can be did not apply their mind before issuing the of the notice the petitioners were expected to 3 submit their explanation. The impugned order thus suffers from gross violation of principles of natural justice and the same is not in accordance with provisions of Section 7 of the Act. In that view of the matter, the impugned order is set aside. However, liberty is granted to the respondents to pass orders afresh if the possession of the petitioners is unauthorized, after following due procedure and giving sufficient opportunity to the petitioner. With the above observations, the Writ Petition is disposed of. There 7. 8. shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. Sd/- M SRiNiVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary to Government, Revenue Department, Secretariat, State of Andhra Pradesh, Velagapudi, Amaravati, Guntur District. 2. The District Collector, West Godavari District at Eluru. 3. The Revenue Divisional Officer, Eluru Revenue Division Godavari District. 4. The Tahsildar, Lingapalem Mandal, West Godavari District. 5. One CC to M/s. Nimmagadda Revathi Advocate [OPUC] 6. Two CCS to GP for Revenue, High Court Of Andhra Pradesh. [OUT] 7. Three CD Copies Eluru, West GSC HIGH COURT DATED;13/02/2025 ORDER WP.No.6601 of 2020 S> S 0 7 MAR 2025 Current Section DISPOSING OF THE WP WITHOUT COSTS