Andhra Pradesh High Court - Amravati
Muthoju Nagabrahmmachari vs Thummala Krishna Rao And Another^ on 23 December, 2025
Author: D Ramesh
Bench: D Ramesh
[3208 ]
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAX
(SPECIAL ORIGINAL JURISDICTION)
XT'
TUESDAY ,THE TWENTY THIRD DAY OF DECEMBER|
TWO THOUSAND AND TWENTY FIVE
:PRESENT; i'-i*.a
THE HONOURABLE SRI JUSTICE D RAMESH
WRIT PETITION NO: 35703 OF 2025
Between:
1. Muthoju Nagabrahmmachari, S/o Nagabhushana Chari, aged about 48
years, Resident of Palakaveedu Village, Racherla Mandal, Prakasam
District, Andhra Pradesh.
2. Muthoju Kalavathi, W/o Nagabrahmmachari, aged about 44 years,
Resident of Palakaveedu Village, Racherla Mandal, Prakasam District,
Andhra Pradesh
Petitioners
AND
1. The State of A.P., Rep by its Principal Secretary to Government
Revenue Department, Secretariat Buildings, Velagapudi Guntur
District.522238
2. The District Collector, Prakasam District, At Ongole-523001
3. The Revenue Divisional Officer, Markapuram, Prakasam District-
523316
4. The Tahsildar, Racharla Mandal, Prakasam District.523316
Respondents
Petition under Article 226 of the Constitution of India is filed praying that
in the circumstances stated in the affidavit filed therewith, the High Court may
be pleased to issue writ order or orders direction more particularly one in the
nature of writ of Mandamus, declaring the Proceedings of the Respondent
No.4 dated. 21.07.2025, wherein directed the petitioners to vacate the land
and remove the shed and trees which was existing in the land in Sy.No.607/2,
of an extent of Ac.0.10 cents in Palakaveedu village of Racharla Mandal,
Prakasam district as illegal, arbitrary and violative of Articles 14, and 21 of the
Constitution of India and further direct the Respondents not to interfere with
the petitioners land in Survey No.607/2 of an extent of Ac.0.10 cents at
Palakaveedu village of Racharla Mandal, Prakasam district and set aside the
same.
lA NO: 1 OF 2025
Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be
pleased to direct the Respondents not to interfere with the petitioner's land in
Survey No.607/2, Ac.0.10 cents of land, situated at Palakaveedu village of
Racharla Mandal, Prakasam district, by suspending the Proceedings
dt.21.07.2025, passed by the Tahsildar, Racharla Mandal, Prakasam District,
the 4*^ respondent. Pending disposal of WP 35703 of 2025, on the file of the
High Court.
The petition coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and upon hearing the arguments of
Sri B SESIBUSHAN RAO Advocate for the Petitioner, GP FOR REVENUE for
the Respondent Nos.1 to 4, the Court made the following.
ORDER
Learned counsel for the petitioner submitted that the respondent authorities, without initiating action under Section 7 of the Land Encroachment Act, 1905, have straightaway passed orders under Section 6, directing the petitioner to remove the alleged encroachments. The said action is contrary to the provisions of the Act and also to the law laid down by the Hon'ble Apex Court in Government of Andhra Pradesh VS. Thummala Krishna Rao and another^ Considering the submissions, there shall be stay of all further proceedings pursuant to the proceedings dated 21.07.2025.
List the matter after Pongal Vacation, 2026.
SD/- K.SRINIVASA RAJU assistant registrar //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary to Government, Revenue Department, The State of A.P., Secretariat Buildings, Velagapudi, Guntur District.522238. [By Special Messenger]
2. The District Collector, Prakasam District, At Ongole-523001
3. The Revenue Divisional Officer, Markapuram, Prakasam District-
523316
4. The Tahsildar, Racharla Mandal, Prakasam District.523316. (2 to 4 by RPAD)
5. One CC to SRI. B SESIBUSHAN RAO Advocate [OPUC]
6. Two CCs to GP for Revenue, High Court of A.P., Amaravati [OUT].
7. One spare copy (1982) 2 see 134 HIGH COURT DR,J DATED:23/12/2025 LIST THE MATTER AFTER PONGAL VACATION, 2026 ORDER WP.No.35703 of 2025 STAY o o in 3C per, p'l s> t/3 CP 2*1 ★