APHC010002842026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 636/2026 Between: 1. GONNA RAMADEVI, W/O GONNA SRINIVASA RAO, AGED 46 Y, R/O H.NO.7-38, GONNA VANI PALEM, PARAVADA MANDAL, NEAR HANUMAN TEMPLE, PEDAMADAKA, VISAKHAPATNAM, ANDHRA PRADESH, - 530046. 2. .GONNA SANYASI RAO,, S/O GONNA NOOKA RAJU, AGED 56 Y, R/O H.NO.7-10,MARRIPALEM, PARAVADA MANDAL, PEDAMADAKA, VISAKHAPATNAM, ANDHRA PRADESH, - 530046. 3. GONNA VENKATA RAO, , S/O GONNA NOOKA RAJU, AGED 60 Y, R/O H.NO.7-9, MARRIPALEM, PARAVADA MANDAL, PEDAMADAKA, VISAKHAPATNAM, ANDHRA PRADESH, - 530046. 4. GONNA JUWALAMMA, , W/O GONNA APPALA KONDA, AGED 75 Y, R/O H.NO.7-8, E-MARRIPALEM, PARAVADA MANDAL, PEDAMADAKA, VISAKHAPATNAM, ANDHRA PRADESH, - 530046. 5. .GONNA APPARAO,, S/O GONNA MAHALAKSHMI, AGED 45 Y, H.NO.7-14, GONNA VANI PALEM, PARAVACLA MANDAL, PEDAMADAKA, VISAKHAPATNAM, ANDHRA PRADESH, - 530046. 6. GONNA RAVANAMMA, , W/O GONNA KUNCHI NAIDU, AGED 49 Y, GONNA VANI PALEM, PARAVADA MANDAL, PEDAMADAKA, VISAKHAPATNAM, ANDHRA PRADESH, - 530046. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY,REVENUE DEPARTMENT,SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238 2. THE DISTRICT COLLECTOR, ANAKAPALLI, ANAKAPALLI DISTRICT. 531001 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT. 531001 4. THE TAHSILDAR, PARAVADA MANDAL, ANAKAPALLI DISTRICT. 531001 5. THE MANDAL REVENUE INSPECTOR, MARRIPALEM VILLAGE, PARAVADA MANDAL, ANAKAPALLI DISTRICT 530018 6. THE VILLAGE REVENUE OFFICER, MARRIPALEM VILLAGE, PARAVADA MADAL, ANAKAPALLI DISTRICT 530018 ...RESPONDENT(S): The Court made the following ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ or Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th respondent herein, in passing an Order vide - Rc.No.94/2025/Cs/ Date16-12-2025, directing the petitioners herein to remove their respective dwelling houses with respective door numbers in Sy. No.70-1 of Marripalem Village of Paravada Mandal of Anakapalli District, on failure, directing the 5th and the 6th respondents herein to demolish the petitioners respective dwelling houses constructed in the aforementioned survey number and forfeit the same without considering the oral and written explanation doted 20-08-2025 with valid documents submitted by the petitioners herein to the notice vide. Rc.No. 94/2025 dated 23-07-2025, under Sec.7 of the Andhra Pradesh Land Encroachment Act,1905 and without following the manner of law as illegal, arbitrary, unjust, against the mandate of the law, principles of natural justice and violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently set aside the Order vide - Rc.No.94/2025/Cs/ Date16-12-2025 issued by the 4th Respondent and pass…” 2. Heard the learned counsel for the petitioners and the learned Government Pleader for Revenue appearing for the respondents. 3. The learned counsel for the petitioners submits that the 4th respondent herein has passed an order vide Rc.No.94/2025/Cs/dated 16- 12-2025, directing the petitioners to remove their respective dwelling houses with door numbers in Survey No.70-1 of Marripalem Village, Paravada Mandal, Anakapalli District. The order further directs that, in the event of failure, the 5th and 6th respondents shall demolish the petitioners’ dwelling houses and forfeit the same. He submits that the said order was passed without considering the oral and written explanations dated 20-08-2025, along with the valid documents submitted by the petitioners in response to the notice issued vide Rc.No.94/2025 dated 23- 07-2025, under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. 4. Considering the aforesaid submission, this Court is of the considered view that the writ petition can be disposed of by granting liberty to the petitioner to prefer an appeal under Section 10(1)(a) of the Andhra Pradesh Land Encroachment Act, 1905, within the prescribed period of limitation, along with an interlocutory application, if so advised. In the event of such appeal and interlocutory application being filed, the respondent appellate authority shall consider the interlocutory application and pass appropriate orders in accordance with law. Till such time, the respondents are directed not to dispossess the petitioners from their subject property, except in accordance with due process of law. 5. With the above direction, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________ JUSTICE D. RAMESH 08.01.2026 klk 177 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.636 of 2026 08.01.2026 kkllkk