APHC010480232026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 16th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26373/2026 Between: 1. KOTTE RADHAKRISHNA,, S/O. LATE KOTTE VENUGOPALAYYA, AGED ABOUT 52 YEARS, OCC. BUSINESS, R/O. PAMURU VILLAGE AND MANDAL, MARKAPURAM DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, AMARAVATHI. 522 238 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, MARKAPURAM DISTRICT, ANDHRA PRADESH. 523 316 3. THE REVENUE DIVISIONAL OFFICER/SUBCOLLECTOR, KANIGIRI DIVISION, ANDHRA PRADESH.523 230 4. THE TAHSILDAR CUM MANDAL EXECUTIVE MAGISTRATE, PAMURU MANDAL, MARKAPURAM DISTRICT, ANDHRA PRADESH. 523 108 ...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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing the impugned notice bearing R.C.No.C/132/2026, dated 22.08.2026 as being illegal, arbitrary, and violative of Articles 300-A of the Constitution of India and consequently set aside the impugned notice bearing R.C.No.C/132/2026, dated 22.08.2026 issued by 4th respondent IA NO: 1 OF 2026 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 direct the respondent no.4 not to take any further steps pursuant to the impugned notice bearing R.C.No.C/132/2026, dated 22.08.2026 pending disposal of the above Writ Petition Counsel for the Petitioner: 1. VENKATESWARLU SANISETTY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: Heard Sri Venkateswarlu Sanisetty, learned counsel for the petitioner and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. Assailing the notice vide R.C.No.C/132/2026 dated 22.08.2026 (Ex.P1) under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, (hereafter referred to as ‘Act’), issued by the 4th respondent alleging that the petitioner has encroached upon Ac.1.44 cents in Sy.No.322/2, Pamuru Village and Mandal, Markapuram District, the above writ petition is filed. 3. Learned counsel for the petitioner would submit that the petitioner personally attended the office and apprised the 4th respondent that the petitioner has Ac.1.44 cents in Sy.No.322/2 by virtue of sale deed dated 15.07.2022 (Ex.P5). In fact, the petitioner obtained permission from the local authority to construct a building vide B.A.No.50/(2025-26) dated 16.12.2025 (Ex.P2), and the construction is in progress. Learned counsel would further submit that without passing an order under Section 6 of the Act, the 4th respondent is attempting to dispossess the petitioner. 4. Learned Assistant Government Pleader for Revenue, on instructions, would submit that the petitioner has not submitted any explanation pursuant to Ex.P1. If the petitioner submits an explanation by annexing all the relevant documents, the same will be considered, and appropriate orders will be passed. 5. In reply, learned counsel for the petitioner would submit that the petitioner will submit an explanation by annexing all the relevant documents. 6. Given the facts and circumstances of the case, inviting a counter and keeping the writ petition pending may not serve any purpose, and hence, the writ petition is disposed of, at the stage of admission, with the consent of learned counsel appearing on either side, granting liberty to the petitioner to submit an explanation to the 4th respondent within one (01) week from today by annexing all the relevant documents. Thereafter, learned 4th respondent shall conduct an enquiry by affording an opportunity of hearing to the petitioner and pass a reasoned order within a period of two (02) weeks. Till an order is passed, the 4th respondent shall not dispossess the petitioner from an extent of Ac.1.44 cents in Sy.No.322/2, Pamuru Village and Mandal, Markapuram District. The petitioner also shall not proceed with the construction for a period of four (04) weeks from today. The learned Assistant Government Pleader for Revenue shall inform the learned 4th respondent about this order. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 16.09.2026 SNI 135 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 26373 OF 2026 Date: 16.09.2026 SNI