APHC010018142026 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: 1069/2026 Between: 1. IPPILI PANDU RANGA RAO, S/O LATE BHASKAR RAO, AGED ABOUT 52 YEARS, R/O. D.NO.35-1-140, GAVARA KANCHERPALEM, VISAKHAPATNAM - 530008. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SLECRETARY, REVENUE DEPARTMENT, SEGRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT.- 3. 3. THE REVENUE DIVISIONAL OFFICER, VISAKHAPATNAM DIVISION, VISAKHAPATNAM DISTRICT. 4 4. THE TAHSILDAR, GAJUWAKA MANDAL, VISAKHAPATNAM DISTRICT ...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 order, proceedings or writ more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in issuing the eviction notice under Section 7 of the A.P. Land Encroachment Act, 1905 vide Rc.No.943/2025/SA and in treating the petitioners private land as Government / ULC land without conducting any survey, without demarcation of boundaries, without verification of registered 2 HBKM,J W.P.No.1069 of 2026 title deeds, and without following due process of law, in respect of the petitioners land admeasuring 641 square yards situated in Survey Nos. 117/1 to 20, Thunglam Village, Gajuwaka Mandal, VisakhapatnamDistrict, wherein the petitioner is in settled possession and enjoyment of the property for . several decades, and without considering the explanation dt.05.01.2026 to the notice under section 7 of AP Land Encroachment Act 1905 as illegal, arbitrary, irrational and violative of the principles of natural Justice and the fundamental rights guaranteed under Articles 14, 21 and 300-A of the Constitution of India and in violation of the law laid down by the Honorable Apex court in State of AP Vs. Thummala Krishna Rao, and it is consequently prayed to direct the respondents to restrain from taking any coercive steps pursuant to the Impugned eviction notice, to consider the petitioners representations and explanation dt.05.01.2026 strictly in accordance with law by following due process, and it is further consequently prayed to restrain the respondents from in any manner interfering with the petitioners peaceful possession and enjoyment of the subject land, including by attempting eviction or demolition, 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 stay the operation and implementation of the eviction notice dated 29.12.2025 issued vide Rc.No.943/2025/SA under Section 7 of the A.P. Land Encroachment Act, 1905 in terms of the law laid down by the Honorable Apex court in State of AP Vs. Thummala Krishna Rao and to consider the petitioner’s representations and explanation dt.05.01.2026 strictly in accordance with law by following due process, and to pass s 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 I HIGH COURT WRIT PETITION MISC. PETITIONLfe I.A. No. of 2026 In W.P No. of 2026 VISAKHAPATNAM ; DISTRICT Ippili Pandu Ranga Rao .... Petitioner Filed by: G.SAI LOCHAN (26275) B. SRINIVASARAO (25804) ADVOCATES, COUNSEL FOR THE PETITIONER Nature of Application (Under Section 151 of C.P.C) This Hon’ble Court may be pleased to stay the operation and implementation of the eviction notice dated 29.12.2025 issued vide Rc.No.943/2025/SA under Section 7 of the A.P. Land Encroachment Act, 1905 in terms of the law laid down by the Honorable Apex court in State of 3 HBKM,J W.P.No.1069 of 2026 AP Vs. Thummala Krishna Rao and to consider the petitioner’s representations and explanation dt.05.01.2026 strictly in accordance with law by following due process, and to pass Counsel for the Petitioner: 1. G.SAI LOCHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 4 HBKM,J W.P.No.1069 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the eviction notice issued under Section 7 of A.P.L.E. Act, III of 1905, dated 29.12.2025. 3. The learned counsel for the petitioner submits that for the impugned notice of the 4th respondent dated 29.12.2025, an explanation was also submitted by the petitioner on 05.01.2026, but the same is not considered so far. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that, the explanation of the petitioner would be considered by the said respondent, by following the due procedure. 5. In view of the above said facts and circumstances, the 4th respondent is directed to proceed with the necessary enquiry pursuant to the above said notice dated 29.12.2025, by considering the explanation of the petitioner dated 05.01.2026, strictly in accordance with law, giving due opportunity to all the parties concerned, including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of this order. 5 HBKM,J W.P.No.1069 of 2026 6. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. 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 PGT