DR,J W.P.NO.33319 of 2025 APHC010625532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 33319/2025 Between: 1. B. JAYANNA,, S/O. VENKATAYYA, RACHAMVANDIA PALLE, H/O. T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYYA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, ANNAMMAYYA DISTRICT AT RAYACHOTY. 3. THE REVENUE DIVISIONAL OFFICER, RAJAMPET REVENUE DIVISION, RAJAMPET, ANNAMMAYYA DISTRICT. 4. THE TAHSILDAR, T. SUNDUPALLI MANDAL, ANNAMMAYYA DISTRICT. 5. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, ANNAMMAYYA DISTRICT AT RAYACHOTY. 6. THE SUBINSPECTOR OF POLICE, T. SUNDUPALLI POLICE STATION, T. SUNDUPALLI, ANNAMAYYA DISTRICT. 7. KUNCHAPU HARIKRISHNA, S/O. GANGAIAH, R/O. RACHAMVANDIA PALLI (V), H/O. T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. DR,J W.P.NO.33319 of 2025 8. DURGAM SIVA, S/O. ANJANEYULU, R/O. RACHAMVANDIA PALLI (V), H/O. T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYYA DISTRICT. 9. YARRAPUREDDY ARAM REDDY, S/O. ANANDA REDDY, R/O. EEDIGA PALLI (V), H/O. T. SUNDUPALLI VILLAGE AND MANDAL, ANNAMAYYA 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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the 4th respondent in generating the endorsement Ref. B/nil/2025 dt- 05-ll-2025 (signed on 07- 11-2025) concluding the petitioner familys possession without there being any notice of survey being issued to me or my family, survey report and sketch depicting the possession and enjoyment, and further issuing notice vide Ref. No. B/1128/2025, dt- 05-ll- 2025 u/s 7 of Land Encroachment Act as illegal and arbitrary, contrary to law more specifically AP Survey and Boundaries Act and consequently a) direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners family for the land Ac.0.30 cents in Sy.No.2676/8 of T. Sundupalli Revenue Village and Mandal, Annamayya District under the guise of notice vide Ref. No. B/1128/2025, dt- 05-l 1-2025 u/s 7 of Land Encroachment Act, b) direct the respondents 2 and 5 to conduct a detailed enquiry into the actions of the Respondent No. 4 in collusion with the unofficial respondents, in generating fraudulent reports, contrary to the original records in utter misuse of his/her official capacity and c) set-aside the notice vide Ref. No. B/1128/2025, dt- 05-ll-2025 u/s 7 of Land Encroachment Act in the interests of justice and pass Counsel for the Petitioner: 1. DHARANI KUMAR B Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE DR,J W.P.NO.33319 of 2025 The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: <…..to issue any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the actions of the 4th respondent in generating the endorsement Ref. B/nil/2025 dt- 05-ll-2025 (signed on 07-11-2025) concluding the petitioner family’s possession without there being any notice of survey being issued to me or my family, survey report and sketch depicting the possession and enjoyment, and further issuing notice vide Ref. No. B/1128/2025, dt- 05-ll-2025 u/s 7 of Land Encroachment Act as illegal and arbitrary, contrary to law more specifically AP Survey and Boundaries Act and consequently a) direct the respondents not to interfere with the peaceful possession and enjoyment of the petitioners family for the land Ac.0.30 cents in Sy.No.2676/8 of T. Sundupalli Revenue Village and Mandal, Annamayya District under the guise of notice vide Ref. No. B/1128/2025, dt- 05-l 1- 2025 u/s 7 of Land Encroachment Act, b) direct the respondents 2 and 5 to conduct a detailed enquiry into the actions of the Respondent No. 4 in collusion with the unofficial respondents, in generating fraudulent reports, contrary to the original records in utter misuse of his/her official capacity and c) set-aside the notice vide Ref. No. B/1128/2025, dt- 05-ll- 2025 u/s 7 of Land Encroachment Act in the interests of justice….= 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for respondents. 3. Learned counsel for the petitioner submits that this writ petition is filed questioning the notice under Section 7 of the AP Land Encroachment Act, 1905 dated 05.11.2025. Learned counsel for the petitioner has contended that though the petitioner has submitted an explanation on 15.11.2025, without considering the said explanation and without passing any orders, now the DR,J W.P.NO.33319 of 2025 respondents are trying to interfere and dispossess the petitioner at the behest of respondent Nos.7 to 9. 4. Considering the said submissions, this Court is not inclined to go into the merits of the case and as the petitioner has submitted an explanation, respondent authorities are directed to consider the said explanation and pass appropriate orders as per the provisions of the Act. Till passing of orders, the respondents are directed not to interfere and not to dispossess the petitioner from the subject property. 5. Accordingly, the writ petition is disposed of. No costs. As a sequel, miscellaneous petitions, pending if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 02.12.2025 Dvs DR,J W.P.NO.33319 of 2025 THE HONOURABLE SRI JUSTICE D.RAMESH 175 WRIT PETITION No.33319 of 2025 Dated: 02.12.2025 Dvs