APHC010184012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE NINTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 9470/2026 Between: 1. S NAGA SESHANNA, S/O LATE S.KONAPPA AGE. 78 YEARS, OCC. BUSINESS R/O I0-786A, GOOTY TOWN, ANANTAPUR DISTRICT 515401 2. S.NARESH BABU, S/O S.NAGA SESHANNA AGE 41 YEARS, OCC. BUSINESS R/O I0-786A, GOOTY TOWN, ANANTAPUR DISTRICT 515401 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522237 2. THE DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT 515001 3. THE JOINT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT 515001 4. THE REVENUE DIVISIONAL OFFICER, GUNTAKAL, ANANTAPUR DISTRICT 515801 5. THE TAHSILDHAR, GOOTY MANDAL, ANANTAPUR DISTRICT 515401 ...RESPONDENT(S): 2 BKM,J W.P.No.9470 of 2026 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 a Writ, Order or direction more particularly one in nature of Writ of Mandamus declaring Proceedings Rc.No.B/654/2025 dt.26.02.2026 issued by the Respondent No.5 by invoking Section 6 of the Madras Act III of 1905 , thereby making efforts to evict Petitioners from an Open Site in Survey No.530 admeasuring an extent of 3 Cents (48 X 60 Square Links) situated at Ward No.l, Gooty Municipality Area, Anantapur District by demolishing Petitioners' Premises with Assessment No.l 156005522, without following due process of law as contemplated under Provisions of Andhra Pradesh Land Encroachment Act 1905 as illegal, arbitrary, violative of Articles 14, 21 and 300-A of Constitution of India and set aside the same and consequently direct the Respondents 2 to 5 to not to evict Petitioners from an Open Site in Survey No.530 admeasuring an extent of 3 Cents (48 X 60 Square Links) situated at Ward No.l, Gooty Municipality Area, Anantapur District by demolishing Petitioners Premises with Assessment No.l 156005522, without following due process of law as contemplated under Provisions of Andhra Pradesh Land Encroachment Act 1905 and to pass 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 Pleased suspend the operation of Proceedings: Rc.No.B/654/2025 dt.26.02.2026 issued by the Respondent No.5 by invoking Section 6 of the Madras Act III of 1905 and to pass Counsel for the Petitioner(S): 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.9470 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the individual notices issued by the 5th respondent dated 26.02.2026 on the ground that the petitioners occupied the Government Poramboke by raising structures in a total extent of Ac.27.25 cents in Sy.No.530 of Gooty Village, Gooty Mandal, Ananthapur District, hence, are directed to vacate the land within 7 days from the date of receipt of the said notices. 3. The learned counsel for the petitioners submits that when there is a time still for filing appeal against the said notices of the 5th respondent dated 26.02.2026, much before that, the 5th respondent addressed a letter to the Station House Officer, Gooty Mandal, Anantapur District dated 01.04.2026 seeking police protection to vacate the petitioners from the subject extents as detailed in the schedules of the notices mentioned therein. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the petitioners can prefer appeals against the above said notices of the 5th respondent dated 26.02.2026 under the Andhra Pradesh Land Encroachment Act, 1905 before the 4th respondent within 60 days from the date of receipt of the said notices. 4 BKM,J W.P.No.9470 of 2026 5. In view of the above said facts and circumstances, the petitioners are permitted to prefer appeals before the Appellate Authority concerned against the impugned notices of the 5th respondent dated 26.02.2026 separately, by enclosing all the necessary documents in support of their claim within the period of limitation. On receipt of such appeals from the petitioners, the Appellate Authority shall consider and dispose of the same, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject lands of alleged encroachments, appropriate decisions shall be taken on their own merit in respect of the each petitioner as expeditiously as possible, preferably within a period of three (03) months thereafter. Pending the above said appeals, there shall be an order of status quo as on today to be maintained with respect to the subject lands of the alleged encroachment as detailed in the each schedule of the notices issued by the 5th respondent dated 26.02.2026. In default of preferring appeals by the petitioners, the interim protection granted by this Court stands automatically vacated. 6. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 09.04.2026 PGT