The Court made the following:

ORDER:

The Writ Petition has been filed for the following relief:

“…to issue a Writ, Order, or Direction, particularly one in the nature of a Writ of Mandamus (i) declaring the action of the 4th Respondent in issuing Eviction Notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 vide Rc.No.102/2026/SA dated 20.05.2026 directing the petitioner to vacate Ac.1.31 cents in Sy.No.116 of Peripi Village, Cheepurupalli Mandal, Vizianagaram District, without conducting proper enquiry, without considering the explanation submitted by the petitioner and without following due process of law, as illegal, arbitrary, violative of principles of natural justice and Articles 14, 19, 21 and 300-A of the Constitution of India (ii) consequently set aside the notice issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 vide Rc.No.102/2026/SA dated 20.05.2026 (iii) consequently direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioner over the subject property except by following due process of law and after conducting proper survey in the presence of the petitioner and (iv) pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case....”

2. Heard learned counsel for the Petitioner and learned Assistant Government Pleader for Revenue Department.

3. Sri. Kunuku Rajasekhar, learned Counsel for the Petitioner submits that the Petitioner submits that the eviction notice issued by the 4th Respondent is illegal, arbitrary, and violative of natural justice, as it was passed without proper enquiry, without considering his explanation, and without following due process of law, thereby infringing his constitutional rights.

4. Sri T. Sanjeev Rao, learned Assistant Government Pleader, on instructions, submits that the Petitioner has illegally encroached upon Government land classified as Cheruvu/Water Body in Sy.No.116, admeasuring an extent of Ac.1.31 cents, situated at Peripi Village, Cheepurupalli Mandal, Vizianagaram District, by constructing a rekula shed and is carrying on cultivation therein without any lawful right, title, or authority.

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 Colle