IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
Y. LAKSHMANA RAO, J.
Kandappa Reddy Subramanyam Reddy, S/o. Subba Reddy - Petitioner
Versus
The State of Andhra Pradesh, Rep. by Its Principal Secretary, Revenue Department - Respondent
Writ Petition No. 14635 of 2026
Decided On : 21-05-2026
ORDER :
The Writ Petition has been filed for the following relief:
“…to issue an order, writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the high handed action of the 3rd respondent, in issuing notice vide Roc. No. A 62/2026/, dated 11.05.2026 to the petitioner’s subject property of the agricultural land to an extent of Ac.1.50 Cents including Ac.0.10 cents of notice schedule property situated in Sy.No.96/B of Chuttugunta Ramapuram Village accounts, Ramachandrapuram Mandal, Chitoor District as illegal, arbitrary, unjust and against to the A.P Assigned lands (Prohibition of Transactions) Act, 1977 and A.P Assigned rules therein and violation of the rights under Article 14, 21 and 300-A of Constitution of India and also violation of principals of Natural justice and the order of this Hon’ble High Court and Apex court passed in various other similar situated cases and pass such other order or orders in the interest of justice and consequently set-aside the notice vide Roc. No. A 62/2026/, dated 11.05.2026, and pass such other order or orders....”
2. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Revenue Department.
3. Sri. Ch.Venkat Raman, learned counsel for the Petitioner submits that a notice dated 11.05.2026 was issued by Respondent No.3 to the Petitioner stating that one D.Hara Prasad has submitted a complaint in PGRS on 20.04.2026 alleging that one K.Pavan Kumar has erected an iron gate and Praveen has constructed a compound wall by encroaching Ac.0.10 cents of land in Sy.No.96 of C.Ramapuram Village. There is a Writ Petition i.e., W.P.No.8526 of 2022 on the file of this Court, wherein interim order was granted on 21.10.2022.
4. Sri T.Sanjeev Rao, learned Assistant Government Pleader on instructions, submits that since the PGRS complaint was submitted by one D.Hara Prasad, Respondent No.3 had issued a notice to the Petitioner requiring him to remove the unauthorized encroachment.
5. It is appropriate to extract Sections 6 and 7 of "the Act.," as under:
“6. Liability of person unauthorisedly occupying land to summary eviction, forfeiture of crops, etc.:-
1. Any person unauthorisedly occupying any land for which he is liable to pay assessment under Section 3 may be summarily evicted by the Collector, Tahsildar or Deputy Tahsildar, and any crop or other product raised on the land shall be liable to forfeiture and any building or other construction erected or anything deposited thereon shall also, if not removed by him after such written notice as the Collector, Tahsildar or Deputy Tahsildar may deem reasonable, be liable to forfeiture. Forfeitures under this section shall be adjudged by the Collector, Tahsildar or Deputy Tahsildar and any property so forfeited shall be disposed of as the Collector, Tahsildar or Deputy Tahsildar may direct.
2. Mode of eviction:- An eviction under this section shall be made in the following manner, namely : By serving a notice in the manner provided in Section 7 on the person reputed to be in occupation or his agent requiring him within such time as the Collector, Tahsildar or Deputy Tahsildar may deem reasonable after receipt of the said notice to vacate the land, and if such notice is not obeyed, by removing or deputing a subordinate to remove any person who may refuse to vacate the same, and if the officer removing any such person shall be resisted or obstruction by any person, the Collector shall hold a summary inquiry into the facts of the case, and if satisfied that the resistance or obstruction was without any just cause and that such resistance or obstruction shall continue, may issue a warrant for the arrest of the said person and on his appearance commit him to close custody in the office of the Collector or of any Tahsildar or Deputy Tahsildar for such period not exceeding 30 days as may be necessary to prevent the continuance of such obstruction or resistance or may send him with a warrant in the form of the schedule
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