APHC010011942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE NINETEENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1255/2026 Between: 1. SRI MANUKINDA LAKSHMI NARAYANA,, S/O RANGADU, AGED ABOUT 54 YEARS, R/O D. NO. 2-119, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT - 515504. 2. SRI MANUKINDA BALA ANJINEYULU,, S/O SANJAPPA AGED ABOUT 66 YEARS, R/O D. NO. 2-98A, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT - 515504. 3. SRI JADAM SANJEEVUDU,, S/O J. SANJAPPA, AGED ABOUT 66 YEARS, R/O D. NO. 2/148, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL. ANANTAPUR DISTRICT - 515504. 4. SRI MANIKINDA SANJAPPA,, S/O LATE M. SANJAPPA, AGED ABOUT 85 YEARS, R/O D. NO. 2-101, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT - 515504. 5. SRI MANUKINDA HANUMANNA,, S/O M. SANJAPPA, AGED ABOUT 66 YEARS, R/O D. NO. 2/100, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT - 515504. 6. SMT. ABEDODI BOLLA SREEDEVI,, W/O A B RANGA PRASAD REDDY, AGED ABOUT 52 YEARS, R/O D. NO. 15-572, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL. ANANTAPUR DISTRICT - 515504. 7. SRI MANGALA RANGANAYAKULLU,, S/O MANGALA RANGAMUNI, AGED ABOUT 36 YEARS, R/O D. NO. 2-141, CHINNAVADUGURU VILLAGE, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT - 515504. ...PETITIONER(S) 2 AND 1. THE STATE OF ANDHRA PRADESH, . REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522503. 2. THE DISTRICT COLLECTOR, ANANTAPUR, ANANTAPUR DISTRICT - 515001. 3. THE REVENUE DIVISIONAL OFFICER, GUNTAKAL DIVISION, ANANTAPUR DISTRICT - 515801. 4. THE TAHSILDAR, PEDDAVADUGURU MANDAL, ANANTAPUR DISTRICT - 515401 ...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 issue a Writ. Order or Direction , more particularly one in the nature of a WRIT OF MANDAMUS, declaring the action of the 3rd respondent in passing orders under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905, vide Rc. No. A/2142/2025 dated 16.12.2025. without having any jurisdiction, as illegal, arbitrary, unconstitutional, and violative of Articles 14, 19 and 300-A of the Constitution of India, and consequently set aside the said proceedings issued by the 3rd respondent, vide Rc. No. /A2142/2025 dated 16.12.2025, in the interest of Justice, and 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 suspend the operation and execution of the proceedings issued by the 3rd respondent, vide Rc. No. A/2142/2025 dated 16.12.2025, and to pass Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue takes notice for the respondents to file counter-affidavit. 2. This Writ Petition was filed questioning the proceedings of the 3rd respondent dated 16.12.2025, in disposing of the appeal preferred by the 1st petitioner. 3. The learned counsel for the petitioners submits that the 3rd respondent cannot pass the above said impugned order under Section 10 of the Andhra Pradesh Land Encroachment Act, 1905, as there was a direction by this Court in W.P.No.10480 of 2025 dated 23.04.2025, directing the 2nd respondent therein/ District Collector to dispose of the appeal in accordance with law. Whereas, the 2nd respondent herein/ District Collector has forwarded the said appeal to the 3rd respondent/ Revenue Divisional Officer for disposal under Section 10 of the above said Act. 4. On the other hand, the learned Assistant Government Pleader submits that Section 1 (A) (a) of the Andhra Pradesh Land Encroachment Act, 1905, defines that Collector means any officer in charge of revenue division and includes a Deputy Collector, a Sub-Collector and an Assistant Collector. In view of the above said legal position, the learned counsel for the petitioners cannot contend that the 3rd respondent has no charge to pass the impugned order. 4 5. The learned Assistant Government Pleader further submits that against the said impugned orders, the petitioners can also file revision before the District Collector i.e., the 2nd respondent herein. 6. In view of the above said facts and circumstances, the petitioners are permitted to file revision/ revisions before the District Collector, if any, already filed against the impugned order of the 3rd respondent dated 16.12.2025 within a period of four (04) weeks from the date of receipt of copy of this Order. The petitioners are at liberty to seek any interim relief before the said revisional authority pending disposal of the revision filed by them before the said authority. Till filing of the revision i.e., within a period of four (04) weeks from the date of receipt of copy of this Order, there shall be an order of status-quo obtaining as on today to be maintained in respect of the subject land covered under the impugned order of the 3rd respondent dated 16.12.2025. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 19.01.2026 SCH 5 234 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.1255 of 2026 Date: 19.01.2026 SCH