APHC010000532026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34/2026 Between: 1. UNNAM SUMATHI, W/O.LATE DHARMAIAH @ DHARMAIAH NAIDU AGED ABOUT 65 YEARS, CULTIVATION, R/O.KURAKALUVA VILLAGE, RENUGUNTA MANDAL TIRUPATHI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENU DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI-522503 2. THE DISTRICT COLLECTOR, TIRUPATHI.TIRUPATHI DISTRICT- 517501 3. THE REVENUE DIVISIONAL OFFICER, SRIKALAHASTI REVENUE DIVISION, SRIKALAHASTI. TIRUPATHI DISTRICT-517640 4. THE TAHASIIDAR, RENUGUNTA MANDAL TIRUPATHI DISTRICT -517520 5. THE VILLAGE REVENUE OFFICER, KURAKALUVA VILLAGE, RENUGUNTA MANDAL TIRUPATHI DISTRICT-517520 ...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 pass an order to grant, to issue an appropriate writ or direction more particularly one in the nature of writ of mandamus to declare that the notices under ROCA/306/2025 dt.29-12-2025 including ROC.C/01/2025 dt. 15-12-2025, ROC.C/01/2025 dt.01-12-2025 issued by 4th respondent/ Tahasildar to the petitioner to evict her from her asbestos cement sheet shed two in number, Iron Sheets Shed one in number and other miscellaneous shed, cement water tank, electrical transformer meter no.5535208000383 situated in Survey no.9/IE, 9/10A, 9/10C, 9/1OD, Kurakaluva Village, Renugunta Mandal, Tirupathi District, is contrary to Law and arbitrary, illegal and violation of Article 14, 21 and 300A of the constitution of India including the settled Laws and consequently direct the respondents not to interfere with peaceful possession and enjoyment of the petitioners asbestos cement sheet shed two in number. Iron Sheets Shed one in number and other miscellaneous shed, cement water tank, electrical transformer meter no.5535208000383 situated in Survey no.9/1E, 9/1 OA, 9/IOC, 9/1 OD, Ac 1.86 Cents Kurakaluva Village, Renugunta Mandal, Tirupathi District, which had and has been in possession and enjoyment of the same since time immemorial and to quash the notices vide ROCA/306/2025 dt.29- 12-2025 including ROC. C/01/2025 dt. 15-12-2025, ROC.C/01/2025 dt.01-12-2025 issued by 4th respondent Tahasildar to the petitioner and also direct all the respondents to not to dispossess the petitioner from asbestos cement sheet shed two in number. Iron Sheets Shed one in number and other miscellaneous shed, cement water tank, electrical transformer meter no.5535208000386 situated in Survey no.9/1E, 9/10A, 9/10C, 9/1 OD in extent Ac 1.86 cents Kurakaluva Village, Renugunta Mandal, Tirupathi District 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 an order to suspend the notices ROCA/306/2025 dt.29-12-2025 including ROC,C/01/2025 dt. 15-12-2025, ROC.C/01/2025 dt.01-12-2025 issued by 4th respondent pending disposal of the writ petition and to pass IA NO: 2 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 an order to direct all the respondents to not to take any coercive steps on my (petitioner) asbestos cement sheet shed two in number, Iron Sheets Shed one in number and other miscellaneous shed, cement water tank, electrical transformer meter r:o.5535208000383 situated in Survey no.9/1E, 9/1OA, 9/IOC, 9/1OD, extent Ac 1.86 cents Kurakaluva Village, Renugunta Mandal, Tirupathi District pending disposal of the writ petition and to pass Counsel for the Petitioner: 1. Dr MAJJI SURI BABU Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER: 1. This Writ Petition is filed aggrieved by the action of the respondents in interfering with and attempting to dispossess the petitioner from the subject property, despite the petitioner having submitted an explanation to the notice issued under Section 7(A) of the Land Encroachment Act. 2. The contention of the petitioner is that the respondents, acting under the provisions of the Land Encroachment Act, issued a notice dated 15.12.2025 under Section 7, based on certain complaints and a survey conducted with regard to the alleged encroachment. The petitioner submitted his explanation to the said notice on 22.12.2025. 3. Thereafter, the respondents again invoked the provisions of the Land Encroachment Act and issued another notice under Section 7 on 29.12.2025. The petitioner was under the impression that since he had already submitted his explanation on 22.12.2025, the same would be considered. However, without considering the said explanation, the respondents issued a further notice and are now interfering with the petitioner’s possession. Hence, the present writ petition. 4. Considering the submissions made by the learned counsel for the petitioner and upon perusal of the record, it appears that the notice issued by the unofficial respondents on 15.12.2025 was of a general nature in disposal of the complaint. Subsequently, the official respondents have invoked the provisions of the Land Encroachment Act and issued a notice under Section 7. In these circumstances, the petitioner is granted an opportunity to submit a statutory explanation under Section 7 within a period of two (02) weeks. The authorities are directed to consider the said explanation and dispose of the matter in accordance with law by passing appropriate orders under Section 7. Till such consideration, the respondents shall not dispossess the petitioner or interfere with his peaceful possession. 5. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in the writ petition shall stand closed. ______________________________________ JUSTICE D RAMESH 05.01.2026 RMD THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 34/2026 05.01.2026 RMD