APHC010695162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] FRIDAY, THE TWENTY SIXTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 36165/2025 Between: 1. VIJAYA NIKETAN FOUNDATION SOCIETY, REP. BY ITS PRESIDENT PANYAM, KURNOOL DISTRICT. 2. VIJAYANIKETAN E.M. HIGH SCHOOL, PANYAM, KURNOOL DISTRICT. 3. KESIREDDY VIJAY KUMAR REDDY, S/O KESIREDDY RAMAKRISHNA REDDY AGED ABOUT 45 YEARS, OCC- PRESIDENT VIJAYANIKETAN FOUNDATION SOCIETY R/O 4-209, KONIDEDU, KURNOOL DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 522237 2. THE TAHSILDAR, PANYAM MANDAL, NANDYALA DISTRICT ANDHRA PRADESH- 518112 ...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 to issue a Writ, Order, or Direction in the nature of Mandamus declaring the impugned Notice Rc.B.41712025 dated 11.11.2025 issued by the 2nd Respondent as arbitrary, illegal, and violative of Articles 14, 21, and 300-A of the Constitution of India, and to consequently set aside the same and to direct the Respondents not to interfere with the Petitioners' peaceful possession and operation of the school on the land in Sy. No. 1241 of Panyam Village, Panyam mandal, Nandyala District and to 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 to grant an interim stay on the operation of the impugned Notice Rc.B.417/2025 dated 11.11.2025, direct the Respondents to maintain status quo with regard to the Petitioners' possession and school operations, and to pass Counsel for the Petitioner(S): 1. M/S INDUS LAW FIRM Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: :: ORDER :: Challenging the notice issued by respondent No.2 vide Rc.No.B.417/2025, dated 11.11.2025 (Ex.P14), the above writ petition was filed. 2. Heard Sri L. Sai Manoj Reddy, learned counsel for the petitioners and Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, appeared for the respondents. 3. Learned counsel for the petitioners would submit that on 04.09.2025, respondent No.2 issued a notice under Section 7 of the Land Encroachment Act, 1905 (hereinafter referred to as ‘the Act’). The petitioners, by a representation dated 17.09.2025, requested the respondent No.2 to furnish the boundaries of encroachment etc.,. Without furnishing those particulars, the impugned notice was issued. 4. Sri B.V. Satyanarayana, learned Assistant Government Pleader for Revenue, submitted the instructions of Tahsildar-respondent No.2. A perusal of the instructions would disclose the issuance of notice under Section 7 of the Act on 04.09.2025 and the reply submitted by the petitioners on 17.09.2025. The instructions further disclose that the authority will pass appropriate orders in pursuance of the notice issued under Section 7 of the Act. Learned counsel would submit that the authority will adhere to the procedure under the Act. 5. Given the facts and circumstances of the case, the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing respondent No.2 to conduct an inquiry under Section 7 of the Act regarding the petitioner’s alleged encroachment in Sy.No.1200 of Panyam Village and Mandal and pass appropriate orders, strictly as per the provisions of the Act. Till the passing of such orders, respondent No.2 shall not take any coercive steps pursuant to the notice issued vide Ex.P1. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 26.12.2025 TVN 68 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.36165 OF 2025 Date: 26.12.2025 TVN