lN THE HIGH COURT OF ANDHRA PRADESH AT AMARJ
(ORIGINAL JURISDICTION)
SATURDAY ,THE TWELFTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR
WRIT PETITION (SR) NO: 14350 OF 2025
Betwee n :
Sri lnukurthi Venkaiah, S/o Ramain, Aged about 40 years, Occupation:
Business, R/o East Gudur, Gudur Mandal, Tirupati District.
...Petitioner
AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue
Department, Secretariat, Velagapudi, Amaravati, Guntur District, Andhra
Pradesh
2. The District Collector, Tirupati, Tirupati District, Andhra Pradesh.
3. The Revenue Divisional Officer, Gudur Division, Tirupati District, Andhra
Pradesh.
4. The Tahsildar, Gudur Mandal, Tirupati, Tirupati District, Andhra Pradesh
5. The Village Revenue Officer, East Gudur, Gudur Mandal, Tirupati District,
Andhra Pradesh.
...Respondents
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
a) Issue a Writ of Mandamus or any other appropriate writ, Order Or
direction, declaring the threats of interference and proposed demolition of the
\
compound wall and culvert abutting the northern side of the petitioner's property
in Survey No. 577-4, East Gudur Town, Gudur Mandal, Tirupati
District, as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the
Constitution of India;
b) Direct the respondents not to interfere with the petitioner's peaceful
possession and enjoyment of his site admeasuring 40 square yards in Survey
No. 577-4, East Gudur Town;
C) Restrain the respondents from demolishing or tampering with the
compound wall and the existing culvert on the northern side of the petitioner's
property
lANO: 1 OF2025
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 to
pass an interim order restraining the respondents from carrying out any further
demolition or dispossession activities in respect of the petitioner's property,
Pending disposal of WP (SR) 14350 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 N. Ravi
Prasad, Advocate for the Petitioner and of Assistant GP for Revenue for the
Respondents, the Court made the following
ORDER:
EEThe petitioner claims that he is the absolute owner and possessor of
vacant site admeasuring an extent of 40 square yards bearing D.No.195
with Assessment No.1029012080, situated in Ward No.3, Survey No.5774,
East Gudur Town, Tirupati District| Having purchased the same by virtue
of registered sale deed, dated O7IO6.2024 vide document No.9964/2024. lt is
further case of the petitioner that since the date of purchase, he is in
peaceful possession and enjoyment of the said property|
It is fur(her case of the petitioner that, On the northern boundary Of
petitioners land there is a compound wall along with old culvert
constructed long ago across municipal sluice| The respondents without
issuing any notice came to the subject property on ll.04.2025 and tried to
demolish the compound wall| Questioning the said action, the Present
petition is filed.
on the other hand, the learned Assistant Government PIeader for
Revenue submits that notice dated 18.03.2025 was issued under Section 7
of Andhra Pratdesh Land Encroachment Act,1905 to the petitioner, but the
same could not be served as the petitioner refused to receive. Thereafter,
the said notice was served by substitute mode. Subsequently, order dated
o7|04.2025 was passed under the said Act, whereby and whereunder
directed the petitioner to vacate from the land in dispute| Despite the
same, the petitioner did not vacate|
The learned Assistant Government Pleader for Revenue placed
copies of notice dated 18.03.2025 and Order dated 07.04.2025 issued under
the Andhra Pradesh Land Encroachment Act, 1905. Though, it is
contended that Respondent No.4 has strictly followed the Provisions Of
Andhra Pradesh Land Encroachment Act,1905, nothing is placed on record
to show that notice was served on the petitioner| Further, on a perusal of
order dated o7.04.2025 passed under Section 6 of the Act, it is succinctly
clear that there is no reference to the show cause notice, dated 18|03|2025
alleged to have been served on the petitioner. Further, the notice was
issued in respect of survey No.575, whereas the petitiOner'S Property iS
situated in survey No.5774. Therefore, Respondent No.4 without
conducting survey came to the conclusion that the subject land is situated
in Survey No.575.
In view of the respective submissions made by both the counsels,
this Court feels that it is appropriate to direct respondents to maintain
Sfafus-q«O existing aS On today for a Period Of four (04) weeks. Further, the
learned Assistant Government Pleader for Revenue is directed to inform
the same to the concerned.
List the matter after two (02) weeks and in the meanwhile, the
respohdents are directed to file counter affidavit "
cd?uRT#FifeEL, I ; ` ,~
To,
1. The Principal Secretary, Revenue Department, State of Andhra
Pradesh Secretariat, Velagapudi, Amaravati, Guntur District, Andhra
Pradesh
2. The District Collector, Tirupati, Tirupati District, Andhra Pradesh.
3. The Revenue Divisional Officer, Gudur Division, Tirupati District,
Andhra Pradesh.
4. The Tahsildar, Gudur Mandal, Tirupati District, Andhra Pradesh
5. The Village Revenue Officer, East Gudur, Gudur Mandal, Tirupati
District, Andhra Pradesh. (1 to 5 by RPAD)
6. One CC to Sri N. Ravi Prasad, Advocate [OPUC]
7. Two cos to GP for Revenue, High Court of Andhra Pradesh. [OUT]
8| One spare copy
rvk
HIGH COURT
TCDS,J
DATED : 12/04/2025
LIST THE MATTER AFTER TWO (02) WEEKS
ORDER
WRIT PETITION (SR) NO: 14350 OF 2025
Stu TVS-OuO
12 APE 2ur5-
