APHC010215542026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] THURSDAY,THE TWENTY THIRD DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 10930/2026 Between: 1. KARRI KONDALA RAO, S/O (LATE) VENKATESWARULU, AGED ABOUT 63 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 2. BRAHMASANI NARASIMHARAO,, S/O LAKSHMI NARAYANA, AGED ABOUT 50 YEARS, R/O D.NO 31-229, NH-9, NANDIGAMA MANDAL, NTR DISTRICT, ANDHRA PRADESH. 3. KUNAPANENI SRINIVASA RAO,, S/O VISWANADHAM, AGED ABOUT 61 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 4. MARIPI SEETHARAVAMMA,, W/O (LATE) SRIRAMULU, AGED ABOUT 75 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 5. SUVARNAKANTI RAMAKRISHNA,, S/O (LATE) ALLAIAH, AGED ABOUT 77 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 6. BALLA VENKATA RATHNAM,, S/O CHIRANJEEVI, AGED ABOUT 62 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 7. RAMISETTY LAKSHMANA RAO,, S/O (LATE) VENKATESWARA RAO, AGED ABOUT 62 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 8. THIMMASARTHI VENKATESWARULU,, S/O (LATE) NAGESWARA RAO, AGED ABOUT 50 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. 9. KANCHERLA ANURADHA,, W/O (LATE) DILIP KUMAR, AGED ABOUT 55 YEARS, R/O NANDIGAMA VILLAGE AND MANDAL, NTR DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH - 522238. 2 2. THE DISTRICT COLLECTOR, O/O DISTRICT COLLECTOR AND MAGISTRATE, NTR DISTRICT, ANDHRA PRADESH - 520001. 3. THE REVENUE DIVISIONAL OFFICER, SUB DIVISIONAL MAGISTRATE, NANDIGAMA DIVISION, NTR DISTRICT, ANDHRA PRADESH - 521185. 4. THE TAHSILDAR, NANDIGAMA MANDAL, NTR DISTRICT, ANDHRA PRADESH - 521185. ...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 Writ or Order or Direction one more particularly in the Nature of Writ of MANDAMUS declaring the impugned notice RC(A)/432/2023 dated 16.04.2026 issued by the 4th respondent to dispossess and demolish the House/Shop properties belongs to the petitioners 1 to 9 situated in RS.NO 518 to an extent of Ac 01.25 cents in Nandigama, NTR District pending statutory appeal before the 2nd respondent against the orders passed by the 3rd respondent in RCA.NO 2/289/E-Appeal 1 85 2 of 2023 dated 13.03.2026 is illegal, arbitrary, irregular, unjust and violative of Article 14, 19, 21 and 300-A of the Constitution of India and Principles of Natural Justice and consequently to set aside the impugned notice and further to direct the 2nd respondent, appellate authority to dispose the Appeal within prescribed period as directed by the Honorable Court 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 to pass urgent orders to suspend the impugned notice RC(A)/432/2023 dated 16.04.2026 issued by the 4th respondent to dispossess and demolish the House/Shop properties belongs to the petitioners 1 to 9 situated in RS.NO 518 to an extent of Ac 01.25 cents in Nandigama, NTR District pending statutory appeal before the 2nd respondent against the orders passed by the 3rd respondent in RCA.NO 2/289/E-Appeal 1 and 2 of 2023 dated 13.03.2026 pending disposal of the above writ petition and to pass Counsel for the Petitioner(S): 1. SRINIVASULU P Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.10930 of 2026 ORDER:- The present Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue Writ or Order or Direction one more particularly in the nature of Writ of MANDAMUS declaring the impugned notice RC(A)/432/2023 dated 16.04.2026 issued by the 4th respondent to dispossess and demolish the House/Shop properties belongs to the petitioners 1 to 9 situated in RS.No:518 to an extent of Ac.01.25 cents in Nandigama, NTR District, pending statutory appeal before the 2nd respondent against the orders passed by the 3rd respondent in RCA.NO:2/289/E-Appeal 1 & 2 of 2023 dated 13.03.2026 is illegal, arbitrary, irregular, unjust and violative of Article 14, 19, 21 and 300-A of the Constitution of India and Principles of Natural Justice and consequently to set aside the impugned notice and further to direct the 2nd respondent, appellate authority to dispose the Appeal within prescribed period as directed by the Honorable Court and to pass such other order in the interest of justice.…” 2. The grievance of the petitioners is that the petitioners are in possession and enjoyment of their respective properties by raising houses and shops in RS.No.518, admeasuring Ac.01.25 cents, in Nandigama, NTR District. While things stood thus, the respondents are trying to dispossess the petitioners without following due process of law. It is further stated that the petitioners have filed previously W.P.No.15353 of 2023 and the same was disposed of directing the respondents therein, not to take any coercive steps in respect of subject property without following due process of law. 4 3. On perceiving the order vide RCA.No.2/289/E-Appeal 1 & 2 of 2023, dated 13.03.2026, of the 3rd respondent-Revenue Divisional Officer, this Court observes from the order, that the 4th respondent- Tahsildar issued notices following an order of eviction from the land in Sy.No.518 admeasuring Ac.1.02 cents and against the said order, the petitioners filed Appeal before the 3rd respondent under Section 4A of the Land Encroachment Act. The appeal was dismissed by the 3rd respondent vide proceedings dated 13.03.2026, classifying the land in Sy.No.518 to an extent of Ac.1.25 cents as Government Land, holding that RS.No.518 is a Government poramboke, gunta (water body) belonging to Sri Ramalingeswara Swamy Temple, Nandigama and directed the Tahsildar to evict the petitioners. 4. Aggrieved by the said order, petitioners preferred revision before the 2nd respondent against the order of the 3rd respondent, who conducted enquiry. In the said revision, the 2nd respondent issued notice dated 16.04.2026, which is impugned in the present writ petition. 5. Heard Sri P.Srinivasulu, learned counsel for petitioners and learned Assistant Government Pleader for Revenue appearing on behalf of respondents. 6. Learned counsel for the petitioners submits that it would suffice to direct the respondents to dispose of the revision expeditiously. 5 7. Learned Assistant Government Pleader for respondents does not refute the said submissions. 8. Therefore, the present Writ Petition is disposed of, permitting the petitioners to file interlocutory application, in the revision pending before the 2nd respondent, for stay of all proceedings arising out of Rc.A2. 289-eAppeal 1 & 2 of 2023 dated 13.03.2026. On filing such application, the revisional authority is directed to examine the same and pass appropriate orders, in accordance with law, as expeditiously as possible. Till such time, the respondents are directed not to take any coercive steps against the subject property of the writ petition. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ___________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 23.04.2026 KBN 6 69 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO Writ Petition No.10930 of 2026 23.04.2026 KKBBNN