APHC010549462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY,THE TWENTIETH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28714 OF 2025 Between: 1. SHAIK SHAIKUN BEE, W/o. Shaik Maqbool Basha, Aged about 39 years, resident of H.No. 30-23A, Sunnepu Street, Chittari Street, Kunrool. 2. Mohammad Haneef, S/o. Shalimiah, Resident of 3-73A,Aged 50 years Dandi Street, Kurnool. ...Petitioners AND 1. THE STATE OF AP, Revenue Department, Secretariat, Velagapudi, Amaravathi, Guntur District, Rep. by its Principal Secretary 2. The District Collector, Kurnool District, Kurnool 3. The Revenue Divisional Officer, Kurnool, Kurnool District. 4. The Tahsildar, Kurnool Urban Mandal, Kurnool District. ...Respondents Counsel for the Petitioners: G SRAVAN KUMAR Counsel for the Respondents: GP FOR REVENUE 2 W.P.No.28714 of 2025 The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ of mandamus or any other writ or direction appropriate declaring the notice dated 10.09.2025 issued by the 4th respondent as illegal, arbitrary and one without jurisdiction and consequently to direct the respondents not to evict the petitioners from the house plots No53 and 54 situated in survey No.35/5C1A1 (old survey No.34/10) situated in ward No.1, Garib Nagar, in Kurnool Municipal Corporation, Kurnool district and pass...” 2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The writ petition is filed questioning the notice issued under Section 7 of the Land Encroachment Act, 1905, dated 10.09.2025. According to the said notice, the 1st petitioner has encroached an extent of 0.5 cents of land in Sy.No.34/10. 4. The learned counsel for the petitioners submitted on instructions that the petitioners submitted explanation to the said notice. In fact, the petitioners are bonafide purchasers, they purchased the land through registered sale deeds and he placed reliance on the sale deeds which were filed along with the writ petition. 3 W.P.No.28714 of 2025 5. Hence, this Court is not inclined to go into the merits of the writ petition as the writ petition is filed against the notice dated 10.09.2025 and already explanation was submitted by the petitioners. 6. The writ petition is disposed of directing the respondents to pass appropriate orders under Section 6 of the Land Encroachment Act, 1905, by considering the explanation submitted by the petitioners, if required, by giving an opportunity of hearing and pass appropriate orders. 7. Till passing the final orders under Section 6 of the Land Encroachment Act, 1905, the respondents are directed not to interfere and not to dispossess the petitioners from the subject property. No order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ___________________________ JUSTICE D. RAMESH Date: 20.11.2025 NSM 4 W.P.No.28714 of 2025 94 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28714 OF 2025 20.11.2025 NNSSM M