APHC010596582025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3558] TUESDAY,THE THIRD DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY THE HONOURABLE SRI JUSTICE TUHIN KUMAR GEDELA WRIT APPEAL NO: 1166/2025 Writ Appeal under clause 15 of the Letters Patent be pleased to allow the Writ Appeal by setting aside the order passed in W.P.No. 27606 of 2025 dated 24.10.2025 and pass such Between: 1. K.MALLU NAIDU,, S/O VENKANNA, AGED ABOUT 53 YEARS, OCC AGRICULTURE, R/O. NEELAVATHI VILLAGE, GANTYADA MANDAL, VIZIANAGARAM DISTRICT. ...APPELLANT AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM SUB- DIVISION, VIZIANAGARAM DISTRICT. 4. THE TAHSILDAR, GANTYADA MANDAL, VIZIANAGARAM DISTRICT 5. THE NEELAVATHI GRAM PANCHAYAT, NEELAVATHI VILLAGE, GANTYADA MANDAL, VIZIANAGARAM DISTRICT REP BY ITS PANCHAYAT SECRETARY ...RESPONDENT(S): 2 CMR,J & GTK,J W.A.No.1166 of 2025 IA 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 May be pleased to dispense with the filing of the certified copy of the order in W.P No. 27606 of 2025 dated 24.10.2025 and pass such IA NO: 2 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 may be pleased to stay of all further proceedings including eviction of the petitioner from the land to an extent of Ac 0.045 cents out of Ac 0.74 cents situated in Sy No. 198-2 of Neelavathi Village, Gantyada Mandal, Vizianagaram District in pursuant to the notice issued by the 4th respondent in Roc No. 204/2025/SA dated 22.09.2025, pending disposal of the Writ Appeal. IA NO: 3 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 may be pleased to suspend the order passed in W.P. No. 27606 of 2025 dated 24.10.2025, pending disposal of the writ appeal and pass such IA NO: 1 OF 2026 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 may be pleased to vacate the interm order dated 10.11.2025 in WA.No.1166 of 2025 and dismiss the writ Appeal and pass Counsel for the Appellant: 1. TADDI NAGESWARA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra The Court made the following: 3 CMR,J & GTK,J W.A.No.1166 of 2025 JUDGMENT: (Per Hon’ble Sri Justice Cheekati Manavendranath Roy) The appellant is the unsuccessful writ petitioner before the learned Single Judge in Writ Petition No.27606 of 2025. He has filed the writ petition challenging the notice issued under Section 7 of the A.P. Land Encroachment Act, to evict him from the land in question said to be the ‘Rasta’. The said writ petition came to be dismissed by the impugned order. Aggrieved thereby, the present writ appeal is preferred by him. 2. Heard learned counsel for the appellant, learned Government Pleader for Revenue for respondent Nos.1 to 4 and learned Standing Counsel for the 5th respondent-Gram Panchayat. 3. The learned Single Judge dismissed the writ petition of the petitioner chiefly on the ground that the petitioner had already preferred a statutory appeal before the Revenue Divisional Officer, and during the pendency of the said appeal that he has filed the writ petition and sought to maintain parallel proceedings both before the appellate authority and the High Court, and thereby dismissed the writ petition. 4. Admittedly, right of appeal is provided under Section 10 of the A.P. Land Encroachment Act for redressal of the grievance of the petitioner when he is sought to be evicted by way of issuing notice under Sections 6 and 7 of the Act for removal of unauthorized occupation of the land in question. The petitioner has availed the said remedy of appeal and challenged the said notice and proceedings issued under Sections 6 and 7 of the Act before the Revenue Divisional Officer, and the said appeal is pending adjudication. During the pendency of the said appeal, he has invoked the jurisdiction of this Court under Article 226 of Constitution of India and filed the writ petition, and thereby sought to maintain parallel proceedings both before the appellate authority and this Court. 4 CMR,J & GTK,J W.A.No.1166 of 2025 5. Having availed a right of statutory appeal under the Act, the petitioner cannot file the writ petition and maintain parallel proceedings before the appellate authority and the High Court. Therefore, the learned Single Judge has rightly declined to entertain the writ petition. 6. We do not find any legal flaw or infirmity in the impugned order of the learned Single Judge warranting interference in this writ appeal. 7. Therefore, the Writ Appeal is dismissed. However, since the appellant has already preferred a statutory appeal against the impugned proceedings, the Revenue Divisional Officer, who is the appellate authority, shall dispose of the said appeal after hearing both the parties by way of passing an appropriate order according to law, within ten (10) days from the date of receipt of a copy of this order. Till the said appeal is disposed of, no further action shall be taken pursuant to the notice issued under Sections 6 and 7 of the Act. It is made clear that we did not express anything on merits of the case and it is entirely left to the discretion of the appellate authority to decide the lis according to law. There shall be no order as to costs. 8. As a sequel, Miscellaneous Applications pending, if any, shall stand closed. ________________________________________ CHEEKATI MANAVENDRANATH ROY, J _______________________ TUHIN KUMAR GEDELA, J Date : 03-02-2026 BMS