APHC010281252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14186/2025 Between: 1. NEERUGANTI SURYANARAYANA, S/O. GANGANNA, AGED ABOUT 53 YEARS, R/O MUDIGUBBA VILLAGE, MUDIGUBBA MANDAL SRI SATYA SAI DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SRI SATYA SAI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, DHARMAVARAM, SRI SATYA SAI DISTRICT. 4. THE MANDAL TAHSILDHAR, MUDIGUBBA MANDAL, SRI SATYA SAI DISTRICT. ...RESPONDENT(S): 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 topleased to issue a writ, order or direction more particularly one in the nature of mandamus declaring the action of the 4th respondent in issuing the impugned notice vide Rc.32/2024/C, Dt. 28.05.2025 and further action of the 4th respondent in trying to demolish the structure existing in Plot No. 286 and 287 situated in 2 Sy.No. 826, 1190-1 and 3 at Mudigubba Village and Mandal, Sri Satya Sai District is as illegal, arbitrary and violation of article 14, 21 and 300- A of the Constitution of India and violation of principles of natural justice and contrary to the A.P. Land Encroachment Act, 1905 and consequently set aside the above said impugned notice and pass IA 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 pleased to direct structure existing in Plot No. 286 and the 4th respondent not to demolish the 287 situated in Sy.No. 826, 1190-1 and 1190-3 at Mudigubba Village and Mandal, Sri Satya Sai District by suspending the impugned notice vide Rc.No. 32/2024/C, Dt. 28.05.2025 issued by the 4th respondent pending disposal of the writ petition, and pass such other order or orders as this Hon'ble Court may deem fit and proper in the circumstances of the case, pending disposal of the above writ petition and to pass IA NO: 2 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 pleased to implead the Petitioner/Proposed respondent herein as party respondent No. 5 as proper and necessary parties to the Writ Petition No.14186/2025 and I.A.No. 01/2025 and to pass Counsel for the Petitioner: 1. P NARASIMHULU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos.1 to 4. No representation in implead application. 2. This writ petition is filed questioning the action of the 4th respondent in issuing the impugned notice vide Rc.32/2024/C, dated 28.05.2025 and further action of the 4th respondent in trying to demolish the structure existing in Plot Nos.286 and 287 situated in Sy.Nos.826, 1190-1 & 3 at Mudigubba Village and Mandal, Sri Satya Sai District. 3. According to the impugned eviction notice of the 4th respondent dated 28.05.2025 it is alleged that the petitioner encroached upon Plot No.478 in Sy.Nos.826, 1190-1 & 3 of Gunjepalli Village, Mudigubba Mandal, Sri Satya Sai District by raising compound wall with measurement i.e., East-West 8 Mtrs & North-South 10 Mtrs and as such the petitioner was asked to show cause within seven days from the date of receipt of the said notice. 4. The learned counsel for the petitioner submits that the petitioner submitted explanation dated 31.05.2025 but the same is not considered. That apart, the 4th respondent is trying to demolish the compound wall highhandedly without following the due procedure. 5. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 4 16.04.2026 submits that the 4th respondent and other respondents have not taken any steps on the writ petitioner’s land in plot Nos.286 & 287 situated in Sy.No.826 & 1190-1 & 3 of Mudigubba Village. However, as there is an alleged encroachment in Plot No.478, the explanation of the petitioner would be considered by the 4th respondent following the due procedure. 6. In view of the above said facts and circumstances, the petitioner is permitted to submit his additional explanation if any enclosing all the necessary documents in support of their claim to the above said notice of the 4th respondent dated 28.05.2025 within a period of four (4) weeks from the date of receipt of this order. On receipt of such additional explanation from the petitioner, the 4th respondent shall proceed with the necessary enquiry pursuant to the above said notice of the 4th respondent dated 28.05.2025 strictly in accordance with law by hearing all the parties concerned including the petitioner and others concerned, upon verification of the records and the subject land/ plot appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (3) months thereafter. Pending enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject plot and the alleged encroachment as detailed in the schedule land of the notice of the 4th respondent dated 28.05.2025. 5 7. Accordingly, the writ petition is disposed of. The written instructions of the 4th respondent dated 16.04.2026 shall be made as part of the court record. Interim order, if any, deemed to have been vacated. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 16.04.2026 NNN