APHC010714892025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 36588/2025 Between: 1. RAMALINGAM RAMAKRISHNA, AS ...PETITIONER AND 1. THE STATE OF AP, AS ...RESPONDENT 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 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 Counsel for the Petitioner: 1. K INDIRA GOLDA Counsel for the Respondent: 1. The Court made the following: 2 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.36588 OF 2025 ORDER: The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the notice issued by the 4th respondent U/s 7 of Land Encroachment Act, 1905 vide proceedings Rc.No.B/284/2025 dated 24.12.2025, served on the petitioner on 26.12.2025, alleging that the petitioner has encroached Government land admeasuring Acres 0.35 cents in Sy.No.817 situated at Padarathi Revenue Village, Kothapatnam Mandal, Prakasham District and containing threatens of levy of tax/penalty under Section 3 and removal of structures and thereby acting in a predetermined manner and calling upon him to show cause by 31.12.2025, which is unreasonable time of 4 days from the date of receipt of impugned notice, apart from knowing very that the Pattadhar Passbook was issued way back in 1992 to the said land as the same is part and parcel of the land admeasuring Acres 1.89 cents in Sy.No.817 situated at Padarathi Revenue Village, Kothapatnam Mandal, Prakasham District, in favour of the petitioner mother as illegal, arbitrary, contrary to the provisions of the A.P.Land Encroachment Act, 1905 violative of Article 14, 21 and 300-A of Constitution of India, consequently set aside the same and pass such other order or orders…” 2. The short grievance of the petitioner is that the respondent authorities granted DKT patta in favour of petitioner’s mother in the year 1987 in respect of land admeasuring Ac1.89 cents in Sy.No.817 at Padarthi Revenue Village, Kothapatnam Mandal, Prakasam District. Since the date of grant, petitioner’s family has been in peaceful possession and enjoyment of the said property. Upon demise of petitioner’s mother, petitioner succeeded to the said property. 3 Be that as it may, petitioner approached respondent No.4 seeking mutation of his name in revenue records. However, to the utter surprise of the petitioner, the respondent No.4 issued notice dated 24.12.2025, under Section 7 of the Land Encroachment Act, (for short the ‘Act’) alleging that petitioner encroached the Government land. Assailing the said notice, present writ petition has been filed. 3. Heard Ms.K.Indira Golda, learned counsel for petitioner and learned Assistant Government Pleader for Revenue for respondents. 4. Learned counsel for the petitioner submits that though the notice is dated 24.12.2025, the same was served on the petitioner on 26.12.2025, granting time upto 31.12.2025 to submit an explanation. The period so granted is not in accordance with the provisions of the Act. Though the time granted was insufficient, the petitioner submitted explanation on 30.12.2025. 5. The learned Assistant Government Pleader for the Revenue, appearing on behalf of the respondents, submits that the respondents will consider the petitioner’s explanation in accordance with law. 6. Considering the said submissions, and in view of the fact that sufficient time was not granted to the petitioner to submit his explanation, the petitioner is granted liberty to file fresh explanation/objections within two (02) weeks from today. Upon receipt of such explanation/objections, the respondent authorities shall consider the same, in accordance with law by providing an opportunity of hearing, and pass appropriate orders under Section 6 of the 4 Act. Till such time, respondents are directed not to interfere/dispossess the petitioner from the subject property. 7. With the above directions, the present Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________ JUSTICE D.RAMESH Date: 31.12.2025 KBN 5 160 THE HON’BLE SRI JUSTICE D.RAMESH WRIT PETITION No.36588 of 2025 Date: 31.12.2025 KBN