APHC010012712026 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: 872/2026 Between: 1. CHINTALA SRINIVASA RAO, S/O SAMBAIAH AGED ABOUT 60 YEARS, BUSINESS, R/O MJ TIRUMALA, AQUA AND AGRO PRODUCTS LTD., KODURU ROAD, AVANIGADDA MANDAL, KRISHNA DISTRICT -521121. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRI., SECRETARY, REVENUE DEPT., SECRETARIAT, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT. AP.522238 2. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT-521001. 3. THE TAHSILDAR, AVANIGADDA MANDAL, KRISHNA DISTRICT.- 521121. ...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 an appropriate writ. order or direction particularly one in the nature of Writ of Mandamus declaring the Notice vide R.C.B.06/20206 Dt.,02.01.2026 issued by the Respondent No.3 u/s 6 of A.P. Land Encroachment Act 1905 as illegal and violative of Art., 14 and 300A of the Constitution of India besides being in violation of Doctrine of Principles of Natural Justice, directing not to proceed further 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 Notice issued by the Respondent No.3 vide R.C.B.06/20206 Dt., 02.01.2026 u/s 6 of the A.P. Land Encroachment Act 1905 pending W.P. and pass Counsel for the Petitioner: 1. KARUMANCHI INDRANEEL BABU Counsel for the Respondent(S): 1. GP FOR REVENUE 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 an appropriate, Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the Notice vide R.C.B.06/20206 Dt., 02.01.2026 issued by the respondent No.3, u/s 6 of A.P. Land Encroachment Act 1905 as illegal and violative of Art., 14 and 300A of the Constitution of India besides being in violation of Doctrine of Principles of Natural Justice, directing not to proceed further and to pass such other order or orders...” 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The present writ petition is filed aggrieved by the action of the respondent authorities, where in they issued impugned notice without considering the explanation submitted by the petitioner pursuant to the Notice dated 17.12.2025 issued under Section 7 of the A.P. Land Encroachment Act,1905, granting fifteen (15) days time for submission of explanation. 3. Accordingly, the petitioner submitted his explanation on 31.12.2025. However, without considering the said explanation, the respondents proceeding to take action and encroached upon the land. Such action appears to be contrary to the observations laid down by the Hon’ble Apex Court in Government of Andhra Pradesh v. Thummala Krishna Rao, (1982) 2 SCC 134. 4. Considering the said submissions and perusal of the record, the impugned notice under Section 6 of the A.P. Land Encroachment Act, 1905, is set aside, remanding the respondent authorities to consider the explanation submitted by the petitioner on 31.12.2025 and thereafter pass appropriate orders in accordance with law. 5. With the above direction, 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 08.01.2026 RMD THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 872/2026 08.01.2026 RMD