Andhra Pradesh High Court - Amravati
Csi Church vs The State Of Ap on 31 December, 2025
Author: D Ramesh
Bench: D Ramesh
APHC010663202025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3208]
(Special Original Jurisdiction)
WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 35283/2025
Between:
1. CSI CHURCH, REP. BY PASTOR A VIJAY BABU S/O BABU RAO,
AGED ABOUT 49 YEARS, R/O GANGINENIPALEM VILLAGE, G
KONDURU MANDAL, KRISHNA DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY
(REVENUE DEPARTMENT), SECRETARIAT, AMARAVATI,
VELAGAPUDI, GUNTUR DISTRICT-522238.
2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT (NTR
DISTRICT).520002.
3. THE TAHSILDAR, G KONDURU, KRISHNA DISTRICT.-521229.
4. THE GRAM PANCHAYAT GKONDUR, REP. BY ITS SECRETARY, G-
KONDURU MANDAL, G-KONDURU MANDAL, NTR DISTRICT-
521229 .
...RESPONDENT(S):
The Court made the following ORDER:
1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief:
"to issue a writ, direction, order or orders more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent no.3 in issuing notices under section 7 of the Madras Act 5 of 1905, vide R.C.B no. 318 of 2025, dated 26-04-2025 and notice under section 6 of the Madras Act 3 of 1905, vide R.C.B no. 318 of2025, dated 27-05-2025, without conducting survey, nor passing orders on Petitioners explanation dated 15-07-2025, nor permitting the petitioner church to make construction in the land Sy no. 59-8, land extent Ac. 0.05 cents, Ganginenipalem Village, G-Konduru Mandal, NTR District, and dragging the issue since 2023 by stalling the construction in the subject land without any reason, by issuing notices under Madras Act 1905 is not application in Andhra Pradesh and the same are illegal, arbitrary and unlawful, violation of principles of natural justice and violation of article 14, 19, 21 and 300A of constitution of India and set aside the same, consequently stay all further proceedings of 1. notices under section 7 of the Madras Act 5 of 1905, vide R.C.B no. 318 of 2025, dated 26-04-2025 and 2. notice under section 6 of the Madras Act 3 of 1905, vide R.C.B no. 318 of2025, dated 27-05-2025 issued to the petitioner and to pass..."
2. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents.
3. The learned counsel for the petitioner submits that Respondent No.3 issued notices under Section 7 of the Madras Act 5 of 1905 vide R.C.B. No.318 of 2025 dated 26.04.2025 and under Section 6 of the Madras Act 3 of 1905 vide R.C.B. No.318 of 2025 dated 27.05.2025, without conducting any survey, without considering or passing orders on the petitioner's explanation dated 15.07.2025, and without permitting the petitioner-Church to proceed with construction in respect of land in Survey No.59-8 admeasuring Ac.0.05 cents situated at Ganginenipalem Village, G. Konduru Mandal, NTR District. It is further contended that the respondent authorities have been unnecessarily dragging the issue since the year 2023 by stalling the construction on the subject land without any valid reason and that the impugned notices issued by invoking the Madras Acts, which are not applicable to the State of Andhra Pradesh, are illegal, arbitrary, and unsustainable in law.
4. Per contra, the learned Government Pleader for the respondents, on instructions, fairly submits that the initiation of proceedings by the respondent authorities was inadvertent and that the Madras Acts were wrongly invoked.
5. Considering the submissions made on either side and in view of the admitted position that the impugned notices were issued by erroneously invoking the Madras Acts, this Court is of the considered view that the notices dated 26.04.2025 and 27.05.2025 are liable to be set aside. Accordingly, the writ petition is allowed, setting aside the impugned notices issued by Respondent No.3, and the matter is remanded to the concerned authorities to take fresh action, if necessary, strictly in accordance with law under the A.P. Land Encroachment Act, 1905, after affording an opportunity of hearing to the petitioner. No costs.
Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.
________________________ JUSTICE D. RAMESH 31.12.2025 klk 60 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.35283 of 2025 31.12.2025 klk