APHC010023912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY, THE TWENTY SECOND DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1732/2026 Between: 1. B LAKSHMAMMA, , W/O. B.VENKATRAMANA, AGED 62 YEARS, OCC HOUSE WIFE, R/P. D.NOL4-9B0 (OID D.NO.4-4-A1818), CTM VILLAGE, MADANAPALLE MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238 2. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT AT RAYACHOTY- 516269. 3. THE REVENUE DIVISIONAL OFFICER, MADANAPALLE REVENUE DIVISION, MADANAPALLE, ANNAMAYYA DISTRICT - 517325 4. THE THASILDAR, MADANAPALLE MANDAL ANNAMAYYA DISTRICT- 517325 . 5. THE DEPUTY EXECUTIVE, ENGINEER IRRIGATION DEPARTMENT MADANAPALLI ANNAMAYYA DISTRICT - 517325. ...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 tomay be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 4th respondent in passing the eviction order dated 06.12.2025 in Ref.No.A/25/2025 under Section 2 HBKM,J W.P.No.1732 of 2026 6 of the Andhra Pradesh Land Encroachment Act, 1905, directing summary eviction from the alleged 0.015 acres in Sy.No.832 of Chinnathippasamudram Revenue Village, despite the property being situated in Sy.No.778 of CTM Revenue Village with registered sale deed, long possession, and in utter disregard to the reasoned order direction dated 17.07.2025 passed by this Honble Court in W.P.No. 18045 of 2025, as illegal, arbitrary, mala fide, without jurisdiction, violative of principles of natural justice, due process and Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere in any manner whatsoever with the peaceful possession and enjoyment of the petitioner over the house property bearing Door No.4-999 (Old D.No.4-4-A1818) Assessment No.2401, covered by Sy.No.778, CTM Revenue Village, Madanapalle Mandal, Annamayya District and pass such 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 may be pleased to suspend the operation of the eviction order dated 06.12.2025 in Ref.No.A/25/2025 passed by the 4th respondent under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 pending disposal of the present Writ Petition, and pass such 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 may be pleased to direct the respondents not to take any coercive steps including eviction, demolition, disconnection of electricity or any other interference with respect to the petitioner’s property at Door No.4-999 (Old D.No.4-4-A1818), Assessment No.2401, covered by Sy.No.778, CTM Revenue Village, Madanapalle Mandal, Annamayya District, pending disposal of the present Writ Petition, and pass such Counsel for the Petitioner: 1. RAJENDRA C Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.1732 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4. 2. This writ petition is filed questioning the order of the 4th respondent dated 06.12.2025 issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 on the ground that the petitioner encroached upon the tank area in Sy. No.832 of CTM Revenue Village by raising construction of studio shop. The said impugned order was passed pursuant to the notice given under Section 7 of Andhra Pradesh Land Encroachment Act, 1905, dated 08.07.2025. But either in the reference cited or in the body of the impugned order there was no mention about the consideration of the representation of the petitioner dated 21.07.2025, though the contention of the petitioner was recorded. The learned counsel for the petitioner submits that the subject land is a Gramakantam land and the 4th respondent has no authority to issue the above said impugned order dated 06.12.2025. 3. On the other hand, the learned Assistant Government Pleader for Revenue, relying upon the written instructions of the 4th respondent dated 22.01.2026, submits that upon enquiry and verification of village records by the 4th respondent it was found that the land in Sy.No.778 to an extent of Ac.1.63 cents – Thopu Poramboke and Sy.No.832 to an extent of Ac.2.35 cents – Kunta Poramboke of Chinnathippasamudram village are objectionable Porambokes vested with the Government. The petitioner 4 HBKM,J W.P.No.1732 of 2026 falsely claimed that the subject land is situated in Sy.No.778. Whereas, the un-authorized structure i.e. studio shop is located in Sy.No.832 – Kunta Poramboke, which is a water body. He further submits that even after disposal of the earlier Writ petition No.18045 of 2025, the petitioner has not turned up and not submitted any explanation. Hence, the above said impugned order dated 06.12.2025 was passed. 4. In view of the aforesaid facts and circumstances and upon consideration of the submissions made, the petitioner is permitted to submit explanation afresh enclosing all the necessary documents in support of her claim pursuant to the above said impugned notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 dated 08.07.2025 within a period of four weeks from the date of receipt of this order. On receipt of the same, the 4th respondent shall conduct necessary enquiry pursuant to the notice dated 08.07.2025, strictly in accordance with law, by hearing all the parties concerned including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits, uninfluenced by the said order dated 06.12.2025. The final order shall be passed within a period of three (03) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject land to an extent of Ac.0.015 cents out of Ac.2.35 cents in Sy.No.832 of CTM Revenue village. For the purpose of conducting above said enquiry, the above said 5 HBKM,J W.P.No.1732 of 2026 impugned order dated 06.12.2025 is set aside herewith. The written instructions shall be made as part of the Court record. 5. 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 Dt: 22.01.2026 sj 6 HBKM,J W.P.No.1732 of 2026 222 THE HONOURABLE SRI JUSTICE B.KRISHNA MOHAN WRIT PETITION NO. 1732 of 2026 Dt: 22.01.2026 sj