APHC010618842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] TUESDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 31909/2023 Between: 1. SHAIK ABIDA, W/O. HABEEB @ LATE HABEEB, AGED ABOUT 34 YEARS, OCC HOUSE WIFE, R/O. DOOR NO.2/143, INDIRA NAGAR, T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT PANCHAYAT OFFICER, ANNAMAYYA DISTRICT, RAYACHOTY. 3. THE MANDAL PARISHAT DEVELOPMENT OFFICER, T. SUNDUPALLI MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 4. T SUNDUPALLE PANCHAYAT, REP., BY ITS SECRETARY, T. SUNDUPALLI PANCHAYAT, T SUNDUPALLE MANDAL, ANNAMAYYA DISTRICT, ERSTWHILE YSR KADAPA DISTRICT. 5. SHAIK HABEEB, S/O. MABULLA, AGED ABOUT 48 YEARS, OCC. BUSINESS, R/O. DOORNO.50/149, KOTHAPET, RAYACHOTY TOWN AND MANDAL, AMLAMAYYA DISTRICT, ERSTWHILE YSR KADAPA 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 to issue a Writ, order or direction more particularly one in the nature of Mandamus, declaring the notice, dated 05-12-2023 issued by the 4th respondent U/s.6(l) of Encroachment Act, 1905 is as illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed under the Constitution of India and consequently direct the 4th respondent not to evict the petitioner from the possession in survey No.2100/2 in which a two portion house is constructed with door No.2/142 and 2/143 of T. Sundupalli Village and Mandal, Annamayya District, in violation of the civil decree passed by the 2 Honble Prl. Junior Civil Judge Court at Rayachoti in O.S.No.249 / 2016 and in violation of the order of this Honble court made in W.P.No.948 / 2021 and pass such 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 may be pleased to direct the 4th respondent not to take any coercive steps against the petitioner’s property in survey No.2100/2 in which a two portion house is constructed with door No.2/142 and 2/143 of T. Sundupalli Village and Mandal, Annamayya District, in till the pending disposal of the main Writ Petition, and pass such 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 implead the petitioners herein as 6th and 7th respondents to Writ Petition No.31909 of 2023 as well as IA and be pleased to pass 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 interim order, dated 12.12.2023, passed in Writ Petition No.31909 of 2023 and dismiss the Writ Petition No.31909 of 2023 with exemplary costs and be pleased to pass Counsel for the Petitioner: 1. CH VIDYASAGAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31909 of 2023 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, order or direction more particularly one in the nature of Mandamus, declaring the notice, dated 05-12- 2023 issued by the 4th respondent U/s.6(1) of Encroachment Act, 1905 is as illegal, arbitrary, unjust and violative of Fundamental Rights guaranteed under the Constitution of India and consequently direct the 4th respondent not to evict the petitioner from the possession in survey No.2100/2 in which a two portion house is constructed with door No.2/142 and 2/143 of T.Sundupalli Village and Mandal, Annamayya District, in violation of the civil decree passed by the Hon’ble Prl.Junior Civil Judge Court at Rayachoti in O.S.No.249/2016 and in violation of the order of this Hon’ble Court made in W.P.No.948/2021 and pass such other order.…” 2. The present writ petition is filed assailing the notice, dated 05.12.2023, issued under Section 6(1) of the Land Encroachment Act, 1905 (hereinafter for short the ‘Act’). 3. Heard Sri Ch.Vidyasagar, learned counsel for the petitioner and learned counsel for respondents. 4. Learned counsel for the petitioner submits that the respondents have straightaway issued notice under Section 6(1) of the Act, without issuing any prior notice under Section 7 of the Act. However, the Panchayat Secretary is not the competent authority to issue notice 4 under Section 6 of the Act. Learned counsel further submits that the Revenue Department is the only competent authority to issue notice. The impugned notice is ex facie illegal. Hence, prayed to set aside the impugned notice dated 05.12.2023. 5. Despite lapse of three years, neither Panchayat Secretary nor Revenue Department has filed any counter-affidavit. 6. Upon comprehensive reading of the notice, it is evident that the land in Sy.No.2169 at T.Sundupalle Village and Mandal, YSR Kadapa District, is a tank poramboke land vesting with the Revenue Department. The Gram Panchayat has no authority to issue notice to the petitioner. As rightly argued by the learned counsel for the petitioner, the property vests with the Revenue Department, hence, the 4th respondent has no authority to issue the notice for eviction under Section 6 of the Act. 7. Even assuming that the Panchayat Secretary possesses power to initiate eviction from tank poramboke land, the Panchayat Secretary has not issued a notice under Section 7 of the Act, which is mandatory for the action to be taken under Section 6 of the Act. 8. For the aforesaid reasons, the present Writ Petition is allowed and the impugned notice dated 05.12.2023 is hereby set aside. However, the Revenue Department is directed to take steps for eviction of the petitioner by following due process under the Act, if the 5 petitioner is found to be in unauthorized possession of Government land. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 10.02.2026 KBN 6 34 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.31909 of 2023 Date: 10.02.2026 KBN