APHC010683342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 35639/2025 Between: 1. KAKARAPALLI ABHIRAM, S/O VEERA RAGHAVULU, AGED ABOUT 39 YEARS, R/O D.NO. 1-84, PENUMARTHI VILLAGE, KAKINADA RURAL MANDAL KAKINADA DISTRICT, AP - 533005. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. - 522237 2. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT, AP - 533001 3. 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT, AP - 533001 4. 4. THE MANDAL TAHASILDAR, KAKINADA RURAL, KAKINADA DISTRICT, AP - 533001 5. 5. VILLAGE REVENUE OFFICER, PENUMARTHI VILLAGE, PENUMARTHI, KAKINADA RURAL, AP - 533005 6. 6. DISTRICT PANCHAYATH RAJ OFFICER, KAKINADA, KAKINADA DISTRICT, AP - 533001 7. EXTENSION OFFICER FOR PANCHAYAT RAJ RURAL, DEVOLOPMENT(EOPRD ), KAKINDA, KAKINADA DISTRICT, AP - 533001 8. 2 DR,J W.P.No.35639 of 2025 8. PANCHAYATH EXECUTIVE OFFICER, PENUMARTHI GRAMA PANCHAYATH PENUMARTHI VILLAGE, KAKINADA RURAL MANDAL, AP - 533005 9. 9. SUBINSPECTOR OF POLICE, TIMMAPURAM PS, TIMMAPURAM, KAKINADA RURAL, KAKINADA DISTRICT, AP - 533406 ...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 or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ that declaring the action of the official respondents particularly 8th respondent/Panchayath Secretary, 5th respondentA/RO and 9yh respondent/SHO, without following due process of law and high handed interfering into my possession and enjoyment over an extent of 284.02 sq.yards and attached to its bearing door No. 2-135/2, Penumarthy village, Kakinada Rural Mandal, Kakinada District within the boundaries of East House of the Royya Krishna, South Road, West Land of Mosali Sai Prasad, North Land of Kakarlapalli Kamaraju is illegal, arbitrary, violation of principles of natural justice and contrary to the Article 19, 21 and 300-A of Constitution of India and consequently directing the official respondents to follow due process of law and not to interfering by any high handed acts by demolishing fencing covered with barbed wires and cement poles with regard to the possession and enjoyment over an extent of 284,02 sq.yards and attached to its bearing door No. 2-135/2, Penumarthy village, Kakinada Rural Mandal, Kakinada District within the boundaries of East House of the Royya Krishna, South Road, West Land of Mosali Sai Prasad, North Land of Kakarlapalli Kamaraju and pass s Counsel for the Petitioner: 1. R K ACHARYULU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 DR,J W.P.No.35639 of 2025 The Court made the following ORDER: This writ petition is filed seeking the following relief: “…to issue a writ or order or direction more particularly one in the nature of writ of mandamus or any other appropriate writ that declaring the action of the official respondents particularly 8th respondent/Panchayat Secretary, 5th respondent/ VRO and 9th respondent/SHO, without following due process of law and high handed interfering into my possession and enjoyment over an extent of 284.02 sq.yards and attached to its bearing door No. 2-135/2, Penumarthy village, Kakinada Rural Mandal, Kakinada District within the boundaries of East: House of the Royya Krishna, South: Road, West: Land of Mosali Sai Prasad, North: Land of Kakarlapalli Kamaraju is illegal, arbitrary, violation of principles of natural justice…” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader appearing for respondents. 3. Aggrieved by the noticed issued by the 8th respondent on 06.12.2025 under Section 7 of the AP Land Encroachment Act, 1905, the present writ petition is filed. 4. Learned counsel for petitioner submits that immediately after serving of notice without giving enough time and without giving a reasonable opportunity, the respondents have removed the fencing of the petitioner’s land. 5. On perusal of the notice and also after hearing the learned counsel on both sides, the fact remains that the petitioner has not submitted any explanation pursuant to the notice dated 06.12.2025. 6. In the said circumstances, without going into the merits of the case, an opportunity is given to the petitioner to submit explanation to the impugned 4 DR,J W.P.No.35639 of 2025 notice within one week from the date of receipt of a copy of this order. On submitting such explanation within the stipulated time, the respondent authorities may consider the said explanation, if required by providing opportunity of hearing, and pass appropriate orders in accordance with law. Till passing of final orders, the respondents are directed not to dispossess the petitioner from the subject property. 7. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 22.12.2025 Dvs 5 DR,J W.P.No.35639 of 2025 THE HONOURABLE SRI JUSTICE D.RAMESH 236 WRIT PETITION No.35639 of 2025 Dated: 22.12.2025 Dvs