Andhra Pradesh High Court - Amravati
Singampalli Ganesh, vs The State Of Andhra Pradesh on 2 September, 2025
APHC010459112025
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3330]
(Special Original Jurisdiction)
TUESDAY, THE SECOND DAY OF SEPTEMBER
TWO THOUSAND AND TWENTY FIVE
PRESENT
THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO
WRIT PETITION No. 23276 of 2025
Between:
1. SINGAMPALLI GANESH,, S/0 APPALNAIDU, AGED 33 YEARS, R/0.
6-235, NATHAVARAM VILLAGE, NATHAVARAM MANDAL,
ANKAPALLI DISTRICT, ANDHRA PRADESH-531115.
...PETITIONER
AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE
SECRETARY, REVENUE DEPARTMENT, 4TH BLOCK, GROUND
FLOOR, ROOM NO 135, A.P. SECRETARIAT OFFICE,
VELAGAPUDI, AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH.
2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE
SECRETARY, PANCHYAT RAJ AND RURAL DEVELOPMENT
DEPARTMENT, A.P SECRETARIAT OFFICE, VELAGAPUDI,
AMARAVATHI, GUNTUR DIST, ANDHRA PRADESH.
3. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI
DISTRICT, ANDHRA PRADESH.
4. THE REVENUE DIVISIONAL OFFICER, NARSIPATNAM,
ANAKAPALLE DISTRICT, ANDHRA PRADESH.
5. THE TAHSILDAR, NATHAVARAM MANDAL, ANAKAPALLI DISTRICT,
ANDHRA PRADESH.
6. THE NATHAVARAM GRAM PANCHAYAT, NATHAVARAM VILLAGE,
NATHAVARAM MANDAL, ANKAPALLE DISTRICT, ANDHRA
PRADESH.
7. THE SUBCOLLECTOR, NARSIPATNAM,
...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 particularly, one in
the nature of writ of Mandamus declaring the action of the respondent
no.5 in issuing faulty eviction notice dated 14.08.2025 under Section 6
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of the Andhra Pradesh Land Encroachment Act, 1905, which is not
pertaining to petitioners land situated at Survey No. 292 admeasuring
to an extent of Ac.2.15 cents Sy.No.292-A to an extent of Ac.0.25 cents
and Sy.No.292-B to an extent of Ac.0.20 cents of Nathavaram Village,
Nathavaram Mandal, Ankapalle District, Andhra Pradesh but issued
with respect to land situated in Survey No.289 admeasuring to an extent
of Ac.0.90 cents of Nathavaram Village, Nathavaram Mandal,
Ankapalle District immediately after issuance of notice dated
05.08.2025 under section 7 of the Madras Land Encroachment Act,
1905 which is no more in force and under Section 7 of the Andhra
Pradesh Land Encroachment Act, 1905, which are all not pertaining to
lands of petitioner and thereby forcing him to evict without considering
the land conversion permission granted by the respondent no.7 and
explanation submitted by the petitioner dated 7.8.2025 and without
following due procedure established by law as illegal, unjust, arbitrary
and in contrary to the judgment passed by this Hon‟ble High Court of
Andhra Pradesh in the case of Allu Satyanarayana V State of Andhra
Pradesh W.P.18203/2021 Dated 25/08/2021 and consequently set
aside the impugned faulty eviction notice dated 14.08.2025 issued by
the respondent no.5 under Section 6 of the Andhra Pradesh Land
Encroachment Act, 1905 which is not pertaining to petitioners land
situated at Survey No. 292 admeasuring to an extent of Ac.2.15 cents
Sy.No 292-A to an extent of Ac.0.25 cents and Sy.No.292-B to an
extent of Ac.0.2z0 cents of Nathavaram Village, Nathavaram Mandal,
Ankapalle District, Andhra Pradesh but issued with respect to land
situated in Survey No. 289 admeasuring to an extent of Ac.0.90 cents
of Nathavaram Village, Nathavaram Mandal, Ankapalle District, except
due process of law and pass order or orders in accordance with law,
and pass
Counsel for the Petitioner:
1. P NANILU NAIDU
Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. GP FOR REVENUE
The Court made the following:
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ORDER:
The present Writ Petition is filed challenging the notice dated 14.08.2025 in Rc.No.290/2025/SA, issued under Section 6 of A.P. Land Encroachment Act, 1905 (for short, „the Act‟), whereby by the 5th respondent enjoined the petitioner to vacate from the premises situated at Sy.No.292 admeasuring to an extent of Acs.2.15 cents, Sy.No.292-A to an extent of Ac.0.25 cents and Sy.No.292-B to an extent of Ac.0.20 cents of Nathavaram Village, Nathavaram Mandal, Anakapalle District, Andhra Pradesh, but issued with respect to land situated in Sy.No.289 admeasuring to an extent of Ac.0.90 cents of Nathavaram Village, Nathavaram Mandal, Anakapalle District, immediately after issuance of notice dated 05.08.2025 under Section 7 of the Madras Land Encroachment Act, 1905, which is no more in force and under Section 7 of the Andhra Pradesh Land Enforcement Act, 1905, which are all not pertaining to lands of the petitioner and thereby forcing him to evict without considering the land conversion permission granted by the respondent No.7 and explanation submitted by the petitioner dated 07.08.2025 and without following due procedure established by law, as illegal, unjust, arbitrary and in contrary to the judgment passed by this Court in the case of Allu Satyanarayana Vs. State of Andhra Pradesh in W.P.No.18203 of 2021 dated 25.08.2021 and consequently set aside the impugned faulty eviction notice dated 14.08.2025 issued by the respondent No.5 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, which is not pertaining to petitioner‟s land situated at Sy.No.292 admeasuring to an extent of Acs.2.15 cents; Sy.No.292-A to an extent of Ac.0.25 cents and Sy.No.292-B to an extent of Ac.0.20 cents of Nathavaram Village, Nathavaram Mandal, 4 Anakapalle District, Andhra Pradesh, but issued with respect to land situated in Sy.No.289 admeasuring to an extent of Ac.0.90 cents of Nathavaram Village, Nathavaram Mandal, Anakapalle District, except due process of law.
2. Precisely, the Writ Petition is filed on the ground that without considering the explanation offered by the petitioner, the present impugned notice came to be issued under Section 7 of A.P. Land Encroachment Act, 1905 (for short Act).
3. Learned Assistant Government Pleader furnished the correspondence addressed by the Tahsildar to the learned Government Pleader, dated 01.09.2025 (form part of the record) and the relevant paragraphs are hereby extracted for disposal of the Writ Petition:
"It is submitted that Sri Setti Lova, S/o.Jogayya, Nathavaram dt:21.03.2025 has submitted a petition stating that the Government Land (Kondavaalu Gedda) drainage area from the HP Petrol Bunk in Nathavaram Village upto Rajasekhar Reddy Statue has been encroached by Petrol Bunk owners along with Singampalli Appalanaidu and his son Singampalli Ganesh R/o.Nathavaram Village. Further it is stated that they have encroached upon the entire area and constructed new portion, thereby blocking the natural flow of water, which is creating severe waterlogging issues during the season. Upon this petition, Village Revenue Officer, Nathavaram, Mandal Revenue Inspector, Nathavaram along with Village Surveyor, Nathavaram and Mandal Surveyor, Nathavaram has inspected the said land and found that the Government 5 Land is encroached upon. The Mandal Surveyor, Nathavaram in his report stated that the land in Sy.No.289 to an extent of Ac.0.017 cts Kalyana Mandapam was constructed which is found out to be GP Poramboku "Dhari", land in Sy.No.289 to an extent Ac.0.04 cts, where 3 shops were built found out be GP Poramboku "Dhari" and also in Sy.No.289 to an extent of Ac.0.06 cts, where Petrol Bunk is constructed is also found to be GP Poramboku "Dhari" as per Diglot. The Tahsildar, Nathavaram has instructed the MRI, Inspector to serve 7 notice to Sri Singampalli Ganesh and others. Inadvertantly, notice dated 05.08.2025 was served under Section 7 of the Madras Land Encroachment Act, 1905. Upon noticing the clerical error, a revised notice dated 05.08.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, is served immediately that the Govt. Land in Sy.No.289 to an extent of Ac.0.06 cts (Petrol Bunk) out of total extent of Ac.0.117 cts and before serving notice for remaining extent in Sy.No.289, at this juncture, the Petitioner has approached the Hon‟ble High Court, Amaravathi and filed Writ Petition.
Further it is submitted that the subject land situated in Sy.No.289 to an extent of Ac.0.92 cts of Nathavaram Village of Nathavaram Mandal of Anakapalli District is a "Government Poramboke DARI" land according to Diglot of the Village. The said land is a prima facie objectionable Land."
64. The procedure contemplated under Section 6 of the Act, to hold a summary inquiry into the facts of the case, means not to evict forcibly without taking into consideration the explanation offered by the encroachers. To fortify the said contention, this Court places reliance of the judgment of the common High Court of Andhra Pradesh in the case of Pre. Jothi Education Society Vs. Secretary, Major Irrigation1. The Division Bench of the High Court held in the following:
"Since the respondents passed the order under Section 6 of the Encroachment Act on 28.4.2001 without considering the objections of the petitioner, in order to meet the ends of justice, the order passed by the respondents under Section 6 of the Encroachment Act on 28.4.2001 has to be set aside and we do so. Since we have held that the notice dated 18.4.2001 issued by the respondents under Section 7 of the Encroachment Act is a proper notice and the objections filed by the petitioner on 30.4.2001 have not been considered, we permit the respondents to pass appropriate order in the light of the objections filed on 30.4.2001 by the petitioner to the Sec.7 notice, according to law. Pending a decision by the respondents as directed by us, no coercive steps shall be taken against the petitioner by the respondents."
5. After hearing both learned counsel for the petitioner and learned State Counsel, the above referred judgment is squarely applicable to the present facts of the case.
12002 (6) ALD 83 AP 7
6. The Court has determined that it is appropriate to consider the Writ Petition at the admission stage with the consent of both parties.
7. The present impugned order came to be passed under Section 6 of the A.P.Land Encroachment Act without considering the explanation submitted by the petitioner to the notice issued under Section 7 of the Act.
8. Therefore, the present Writ Petition is disposed of, directing the respondents to examine the explanation submitted by the petitioner and pass appropriate orders in accordance with law and communicate the decision to the petitioner. Till the decision is taken, the respondents are directed not to take any coercive steps against the petitioner‟s property. There shall be no order as to costs.
As a sequel thereto, Interlocutory Applications pending, if any, shall stand closed.
__________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 02.09.2025 siva 8 THE HON'BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.23276 of 2025 Date: 02.09.2025 siva