Andhra Pradesh High Court – Amravati
Between : Ss®! vs The State Of Andhra Pradesh on 12 April, 2025
lN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl
(ORIGINAL JURISDICTION)
SATURDAY ,THE TWELFTH DAY OF APRIL
TWO THOUSAND AND TWENTY FIVE
:PRESENT:
THE HONOURABLE SRI JUSTICE I.C.D.SEKHAR
WRIT PETITION (®) NO: OF 2025
Between : SS®!
Thumati Srinivasa Rao, S/o Venkateswarlu, Aged about 50 years, Occupation:
Business, R/o 16-15-972/1, 3rd Street, Sai Nagar, Near Children Park, Nellore,
SPSR Nellore 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, Gudur, 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 inay be
pleased to
a) Issue a Writ of Mandamus or any other appropriate writ, order, or direction
declaring the action of the respondents in demolishing the petitioner's
residential property admeasuring 128 square yards bearing Door No.191-
1 (Old No.191), Assessment No.102900694, in Ward No. 3, Survey No.
576-A, High School Area, East Gudur Town, Gudur Municipality and
Mandal, Tirupati District, as illegal, arbitrary and unconstitutional, and in
violation of Articles 14, 21 and 300-A of the Constitution of India;
b) Direct the respondents to refrain from interfering With the PetitiOner'S
peaceful possession and enjoyment of the said property, without following
due process of law;
c) Award damages of Rs. 15,00,000/-(Rupees Fifteen Lakhs Only) for the
illegal demolition of the petitioner's property and the resultant loss and
hardship caused to the petitioner;
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) 14351 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 GP for Revenue for the Respondents,
the Court made the following
ORDER:
ff The petitioner claims that he is the absolute owner and possessor of
house property admeasuring an extent of 128 square yards bearing
D.No.191|1 (Old No.191) with Assessment No.102900694, situated in Ward
NoI3, Survey No.576-A, High School Area, East Gudur Town, SPSR NeIIore
District, having purchased the same by virtue of registered sale deed
dated 30.07.2022 vide document No.7077/2O22. lt is further case of the
petitioner that since the date of purchase, he is in peaceful possession and
enjoyment of the said property.
He further contents that, while so, Respondent No.4 without issuing
any notice or following the due process of law, started demolition of the
house belonging to the petitioner. Questioning the said actiom of
Respondent No.4, the present writ petition is filed.
On the other hand, the learned Assistant Government Pleader for
Revenue submits that notice dated 18.03|2025 was issued under Section 7
of Andhra Pradesh 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
07.4I2025 was passed under the said Act, whereby and whereunder
directed the petitioner to vacate from the house in dispute| Despite the
same, the petitioner did not vacate the building, therefore, they have rightly
taken up the demolition of the subject house and further stated that, a
portion of the house is already demolished|
The learned Assistant Government Pleader for Revenue placed
copies of notice dated 18|03.2025 and Order dated O7|4.2025 issued under
the Andhra Pradesh Land Encroachment Act, 1905I 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 O7IO4.2025 passed under Section 6 of the Act, it is succinctly
clear that there is no reference to the show cause notice, dated 18.0312025
alleged to have been served on the petitioner| Further, the notice was
issued in respect of Survey No.575, whereas the petitioner7s property is
situated in survey No.576-A| Therefore, Respondent No.4 without
conducting survey came to the conclusion that the subject house 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-quo 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
respondents are directed to file counter affidavit.”
c6Du’R#F#ER\) vi ) ` )~
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, Gudur, Gudur Mandal, Tirupati District,
Andhra Pradesh.
6. One CC to Sri N. Ravi Prasad, Advocate [OPUC]
7. Two CCs 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
H HELEN
WRIT PETITION OF 2025
S rA Tt,S-QUO
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