APHC010003692026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 450/2026 Between: 1. VALUROUTHU GOVINDA RAO, S/O BARIKI, AGED 42 YEARS, OCC CULTIVATION, R/O KADUMU VILLAGE, KOTHURU MANDAL SRIKAKULAM DISTRICT. 2. VALUROUTHU SRIDEVI,, W/O V. SURESH, AGED 26 YEARS, OCC HOUSEWIFE, R/O DOOR NO 3-6-55/46, INDIRANAGAR RAMANTHAPUR, HYDERABAD, TELANGANA STATE - 500013. 3. VALUROUTHU SURESH,, S/O LATE V. NANDESH AGED 36 YEARS, OCC PRIVATE EMPLOYEE, R/O DOOR NO 3-6-55/46, INDIRANAGAR, RAMANTHAPUR, HYDERABAD, TELANGANA STATE - 500013. 4. VALUROUTHU MEENA,, W/O V. NAGARAJU AGED 49 YEARS, OCC HOUSEWIFE, R/O DOOR NO 3-4-16/99/3/64, BALAKRISHNA NAGAR, RAMANTHAPUR, AMBERPETA POST, HYDERABAD, RANGA REDDY DISTRICT, TELANGANA STATE - 500013. 5. BURADA ANASUYA, , W/O RAMESH, AGED 34 YEARS, OCC HOUSEWIFE, R/O PLOT NO.4/8, UPPAL, NACHARAM RANGA REDDY DISTRICT, TELANGANA STATE. 6. VALUROUTHU PHALGUNA RAO, , S/O LATE V.NANDESU, AGED 39 YEARS, OCC CULTIVATION, R/O NULAKAJODU VILLAGE, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. 532 456 7. BURADA INDIRA,, W/O VENKATARAO, AGED 39 YEARS, OCC HOUSEWIFE, R/O NULAKAJODU VILLAGE, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. 532 456 8. SMT. GORLE RAJU, , W/O VIJAYAKUMAR, AGED 46 YEARS, OCC HOUSEWIFE, R/O NULAKAJODU VILLAGE, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. 532 456 9. SASUPALLI PHALGUNARAO,, S/O LATE KRISHNAMURTHY, AGED 49 YEARS, OCC CULTIVATION, R/O NULAKAJODU VILLAGE, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. 532 456 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238 2. DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT (ERSTWHILE SRIKAKULAM DISTRICT).535 501 3. REVENUE DIVISIONAL OFFICER, PALAKONDA DIVISION, PARVATHIPURAM MANYAM DISTRICT. (ERSTWHILE SRIKAKULAM DISTRICT).535 501 4. TAHSILDAR, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. (ERSTWHILE SRIKAKULAM DISTRICT).532 456 5. MANDAL REVENUE INSPECTOR, O/O TAHSILDAR, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. (ERSTWHILE SRIKAKULAM DISTRICT).532 456 6. VILLAGE REVENUE OFFICER, NULAKAJODU VILLAGE, BHAMINI MANDAL, PARVATHIPURAM MANYAM DISTRICT. (ERSTWHILE SRIKAKULAM DISTRICT).532 456 ...RESPONDENT(S): The Court made the following ORDER: 1. This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: <to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Eviction Notices, dt. 31- 12-2025 in Rc.No.276/2025/A issued under Section 6 of A.P. Land Encroachment Act. 1905 by the 4th respondent thereby directed the petitioners to vacate their respective lands covered by Survey No.97-1 B situated in Nulakajodu Village of Bhamini Mandal of Parvathipuram Manyam (Erstwhile Srikakulam) District, without conducting enquiry, without examining the documents available on records, without giving opportunity of personal hearing and without passing speaking order, illegal, arbitrary, violative of principles of natural justice and provisions of Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the Notices dt. 31-12-2025 and direct the respondents not to interfere with petitioners peaceful possession and enjoyment of their respective lands 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 eviction notices dated 31.12.2025 in Rc.No.276/2025/A, issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, by the 4th respondent, directing the petitioners to vacate their respective lands covered by Survey No.97-1B, situated at Nulakajodu Village, Bhamini Mandal, Parvathipuram Manyam District (erstwhile Srikakulam District), were issued without conducting any enquiry, without examining the documents available on record, without affording an opportunity of personal hearing, and without passing a reasoned or speaking order, and are therefore illegal, arbitrary, and violative of the principles of natural justice. 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 final orders are passed in the appeal, 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 07.01.2026 klk 166 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION No.450 of 2026 07.01.2026 kkllkk