G Subash Chandra Bose v. State of Andhra Pradesh
Case at a glance
- Decided
- 05 Jun 2025
- Bench
- KIRANMAYEE MANDAVA
Outcome
Disposed of
With the above direction, the writ petition is disposed of
Provisions considered
- Constitution of India arts. 226, 300A
- Land Encroachment Act, 1905 s. 7
- Code of Civil Procedure, 1908 s. 151
- Andhra Pradesh Land Encroachment Act, 1905 s. 7
Judgment
Cause title
Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may or order or direction more appropriate writ be pleased to issue an particularly one in the nature of WRIT OF MANDAMUS to declare the action of the 4th Respondent in issuing Notice in Rc.No. 218/2025/A dated
23.05.2025 to the Petitioner under section 7 of Land Encroachment Act (Act 3 of 1905) in respect of land of an extent of Ac.2.00 and 2.04 in Sy.Nos. 310-5 and 311-14 situated at Gidijala Mandal, Visakhapatnam District as highly illegal, arbitrary and contrary to Article 300A of the Constitution of India and set aside the same with a Village, Anandapu consequential direction Respondents interfere dispossession with the peaceful possession and enjoyment of the lands by the Petitioners in any manner in the interests of justice. lA NO: 1 OF 2025 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 direct the Respondents not to interfere and dispossession with the lands of the Petitioners in any manner in pursuance to Notice in Rc.No. 218/2025/A dated 23.05.2025 under section 7 of Land Encroachment Act (Act 3 of 1905)issued by the 4th Respondent. Counsel for the Petitioner: SRI. K SRINIVASA RAO Counsel for the Respondents: GP FOR REVENUE The Court made the following Order: APHC010280292025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Sfiecial Original Jurisdiction) [3458] THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA
WRIT PETITION NO: 14136/2025 Between: G Subash Chandra Bose ...PETITIONER
AND State Of Andhra Pradesh and Others ...RESPONDENT
{S) Counsel for the Petitioner:
1.K SRINIVASA RAO Counsel for the Respondent(S):
1.GP FOR REVENUE The Court made the following:
ORDER:
Heard Sri K. Srinivasa Rao, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents.
2. The contention of the petitioner is that, pursuant to the notice issued by the 4*^ respondent under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (for short 'the Act'), the petitioner has filed his objections to the said notice on 28.05.2025. 2
3. The petitioner apprehends that the respondents may pass final orders pursuant to the notice issued under Section 7 of ‘the Act’ without duly considering the objections filed by the petitioner.
4. The learned Government Pleader for Revenue, appearing for the respondents, submits that the objections said to have been filed by the petitioner do not bear any acknowledgment of receipt by the Tahsildar.
5. Having regard the contentions raised, this Court deems it appropriate to dispose of the Writ Petition with a direction to the respondents to pass appropriate orders pursuant to the notice issued under Section 7 of ‘the Act’, after considering the objections filed by the petitioner on 28.05.2025 and after affording an opportunity of hearing to the petitioner.
6. The petitioner is granted liberty to place before the 4*^ respondent a copy of the objections dated 28.05.2025, said to have been submitted to the Tahsildar.
7. The Tahsildar is directed to pass appropriate orders within a period of six (06) weeks from the date of receipt of a copy of this order. Till the passing of final orders, the 2'^'^ respondent is directed not to dispossess the petitioner from the subject land.
Operative part
8. With the above direction, the writ petition is disposed of. There shall be no order as to costs. 3 As a sequel, all pending miscellaneous applications shall stand closed. To //TRUE COPY// Sd/-G.HELA NAIDU ASSISTANT REGIS^ AR (5Tt^rC OFFICER SE
The Principal Secretary to Government Revenue Department Secretariat Velagapudi, Guntur District
The District Collector, Visakhapatnam
The Revenue Divisional Officer, Visakhapatnam
The Tahsildar, Anandapuram Mandal Visakhapatnam District
One CC to Sri. K Srinivasa Rao, Advocate [OPUC]
Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT]
Three CD Copies HIGH COURT DATED:05/06/2025 ORDER ILjISb WP.No.(f4^of 2025 DISPOSING OF THE WRIT PETITION WITHOUT COSTS
Questions this judgment answers
What did the Court decide in this case?
The Court recorded the following disposition: With the above direction, the writ petition is disposed of
Which statutory provisions did this judgment involve?
Constitution of India — arts. 226, 300A; Land Encroachment Act, 1905 — s. 7; Code of Civil Procedure, 1908 — s. 151; Andhra Pradesh Land Encroachment Act, 1905 — s. 7.
Which court decided this case, and when?
Andhra Pradesh High Court, on 05 Jun 2025. The bench was KIRANMAYEE MANDAVA.
Precedent status how later indexed judgments have treated this case
No known negative treatment found in the Courts & Cases corpus.
This is a result about the indexed corpus, not a finding that the judgment remains good law. Coverage may be incomplete.