APHC010258262023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY, THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13545/2023 Between: 1. YARAM PADMAVATHAMMA,, W/O. LATE GURAVAIAH, HINDU, AGED ABOUT 71 YEARS, OCC- AGRICULTURE, R/O. ANUPPALLE VILLAGE, BOPPARAJUPALLE POST, RAMACHANDRAPURAM MANDALAM, TIRUPATI DISTRICT. 2. YARAM BHASKARAIAH,, S/O. LATE GURAVAIAH, HINDU, AGED ABOUT 54 YEARS, OCC- ADVOCATE AND AGRICULTURE, R/O. ANUPPALLE VILLAGE, BOPPARAJUPALLE POST, RAMACHANDRAPURAM MANDALAM, TIRUPATI DISTRICT 3. YARAM SIVASANKARAIAH,, S/O. LATE G.GURAVAIAH, HINDU, AGED ABOUT 50 YEARS, OCC- AGRICULTURE, R/O. ANUPPALLE VILLAGE, BOPPARAJUPALLE POST, RAMACHANDRAPURAM MANDALAM, TIRUPATI DISTRICT. 4. YARAM THEJA,, S/O. LATE Y.ANJANEYULU, HINDU, AGED ABOUT 50 YEARS, OCC- AGRICULTURE, R/O. ANUPPALLE VILLAGE, BOPPARAJUPALLE POST, RAMACHANDRAPURAM MANDALAM, TIRUPATI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP, BY ITS PRINCIPAL SECERETARY, REVENUE DEPARTMENT, A.P.SECEREIATE, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT AT TIRUPATI. Page 2 of 5 3. THE TAHSILDAR, RAMACHANDRAPURAM MANDALAM, TIRUPATI DISTRICT. 4. B MUNIRATHNAM, S/O. LATE KANNAIAH, HINDU, AGED ABOUT 63 YEARS, OCC- AGRICULTURE, R/O. ANUPPALLE VILLAGE, BOPPARAJUPALLE POST, RAMACHANDRAPURAM MANDALAM, TIRUPATI DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the 3rd Respondent action, pertaining to issue the impugned notices, to the 1st and 2nd Petitioners, vide R.O.C.B/01/2023 dated- 04.04.2023 and Roc.A/01/2023 dated- 28.04.2023 under section 7 and 6 of the Andhra Pradesh Land Enrichment Act, 1905 and seeking the Petitioners to evict from the subject properly land (Agriculture water well) an extent of Ac. 0.03 cents in Sy. 0.03 cents in Sy. No. 137 situated in Annupalli village., Ramachandrapuram Mandalam, Chittoor District now in Tirupati District as illegal, arbitrary, unjust and violation of the Article 14, 19, 21 and 300 A of the Constitution of India and violation of the Principles of Natural Justice and consequently set aside the impugned notices and pass IA NO: 1 OF 2023 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 pleased to direct the 3rd Respondent and their authorities not to interfere in Petitioner's possession and enjoyment of the subject property land (Agriculture water well) an extent of Ac. 0.03 cents in Sy. No. 137 situated in Annupalli village, Ramachandrapuram Mandalam, Chittoor District now in Tirupati District, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. CHAMARTHY LEELA SRINNIVASA VARMA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. AKKEM SRIHARIVIRAT The Court made the following: p. 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13545 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring that the 3rd Respondent action, pertaining to issue the impugned notices, to the 1st and 2nd Petitioners, vide R.O.C.B/01/2023 dated- 04.04.2023 and Roc.A/01/2023 dated- 28.04.2023 under section 7 and 6 of the Andhra Pradesh Land Enrichment Act, 1905 and seeking the Petitioners to evict from the subject properly land (Agriculture water well) an extent of Ac. 0.03 cents in Sy. No. 137 situated in Annupalli village., Ramachandrapuram Mandalam, Chittoor District now in Tirupati District as illegal, arbitrary, unjust and violation of the Article 14, 19, 21 and 300 A of the Constitution of India and violation of the Principles of Natural Justice and consequently set aside the impugned notices and pass…” 2. Aggrieved by the notice dated 28.04.2023, issued under Section 6 of the Land Encroachment Act, 1905 (hereinafter referred to as ‘the Act’), the present writ petition is filed. 3. The grievance of the petitioners is that prior to the issuance of notice under Section 6 of the Act, the respondents have issued notice under Section 7 of the Act on 04.04.2023. The petitioners have submitted an explanation through counsel on 17.04.2023 to the notice issued under Section 7 of the Act. The impugned notice was came to be passed by the respondent authorities, without asserting any reasons and thus, prayed to set aside the impugned notice and to direct the respondent authorities to consider the explanation offered by the petitioners through counsel and pass appropriate orders by affording an opportunity of hearing. Page 4 of 5 4. Respondent No.4 has filed a counter-affidavit and stated that the petitioners herein have filed a suit in O.S.No.170 of 2015 on the file of the learned Principal Junior Civil Judge, Puttur, for permanent injunction and the same was decreed in favour of the petitioners herein; however, their title was not declared in the suit and stated that the subject land belongs to R&B Department and if at all the petitioners are aggrieved, they have to file an appeal as provided under Section 10 of the Act. Thus, prayed to dismiss the writ petition. 5. On careful perusal of the impugned notice, the respondents have not assigned any reasons while considering the explanation offered by the petitioners through counsel to the notice issued under Section 7 of the Act. 6. In view of the above, the present Writ Petition is disposed of, directing the respondent authorities to pass appropriate orders on the explanation submitted by the petitioners through counsel on 17.04.2023, by issuing notices to the petitioners as well as to respondent No.4. Till such time, the respondent authorities are directed not to take any coercive steps. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 05.01.2026 TVN p. 5 118 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13545 OF 2023 Date: 05.01.2026 TVN