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2026 DAILYLAW 11800 (AP)

JILLELA ANKAMMA v. THE STATE OF ANDHRA PRADESH

WP/27088/2026 · 2026-09-20

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010497862026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27088/2026 Between: 1. JILLELA ANKAMMA, W/O.GALI REDDY, AGED 78 YEARS, OCC . CULTIVATION THOKAPALLI, PRAKASAM DISTRICT, ANDHRA PRADESH, 523320. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, DEPARTMENT OF REVENUE, GOVERNMENT OF ANDHRA PRADESH, AMARAVATI, ANDHRA PRADESH - 522238. 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT, ANDHRA PRADESH, 523001. 3. THE REVENUE DIVISIONAL OFFICER, PRAKASAM DISTRICT, 523272. 4. THE TAHSILDAR, THOKAPALLI VILLAGE, PEDDARAVEEDU MANDAL, PRAKASAM DISTRICT, ANDHRA PRADESH - 523320. ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents, particularly 4 respondent in issuing notice dated 16.09.2026 under Sec.7 of AP Land Encroachment Act, 1905 demanding the surrender of the subject land and also in interfering with the petitioner's peaceful possession and enjoyment of the subject property, though the revenue records clearly show that the D- Form Patta was granted in the name of the petitioner in respect of Sy No. 300/2A, for an extent of Ac.5.00 cents situated at Thokapalli village, Peddaraveedu Mandal, Prakasam District, as illegal, arbitrary, unreasonable and violation of the Art. 14, 21 and 300A of the Constitution of India and consequently direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the subject property 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 respondents not to interfere with the petitioner's peaceful possession and cultivation of the subject land in Sy.No.300/2A, Ac.5.00 cents, Thokapalli village, Peddaraveedu Mandal, Prakasam District, (now Markapur District) by proceeding under AP Land Encroachment Act Counsel for the Petitioner: 1. M S S SWAYAM PRAKASH BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER :: Assailing the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred to as ‘the Act’) vide Ex.P7, the above writ petition was filed. 2. Heard learned counsel for the petitioner and Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue appeared for the respondents. 3. Learned counsel for the petitioner would submit that the petitioner was assigned with Ac.5.00 cents in Sy.No.300/2A of Thokapalli Village, Peddaraveedu Mandal, Prakasam District. Thereafter, the name of the petitioner was updated in the Record of Rights. The Pattadar Pass Book and Title Deed was issued in favour of the petitioner. (a) Be that as it may, the notice under Section 7 of the Act was issued pointing out that the petitioner encroached upon a certain extent in Sy.No.300 of Thokapalli Village. The petitioner made a representation dated 19.09.2026 to the Tahsildar – respondent No.4 to give a further 15 days' time to produce the relevant documents. Learned counsel would also submit that without considering the representation, respondent No.4 is trying to dispossess the petitioner. 4. Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, while not disputing the representation made by the petitioner, would submit that the petitioner will be granted time to submit an explanation as sought. Thereafter, the inquiry will be conducted by affording an opportunity of hearing to the petitioner. 5. Given the facts and circumstances of the case, keeping the writ petition pending, inviting a counter-affidavit, will not serve any purpose. Hence, the Writ Petition is disposed of at the stage of admission with the consent of learned counsel appearing on either side, giving liberty to the petitioner to submit an explanation to the notice issued in terms of representation dated 19.09.2026. Thereafter, the respondent No.4 shall conduct an inquiry by affording an opportunity of hearing to the petitioner and pass a reasoned order. Till an order is passed, respondent No.4 shall not take any coercive steps pursuant to Ex.P7 notice. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 21.09.2026 TVN/SKB Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 3 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 27089 of 2026 Date: 21.09.2026 TVN