APHC010026002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE TWENTY FIRST DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 1715/2026 Between: 1. DOKI BHAVANI,, W/O DOKI SURESH, AGED 35 YEARS, OCC HOUSEWIFE, R/O DOOR NO 3-130, ROTARY NAGAR, TEKKALI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. 2. DOKI SURESH,, S/O DOKI KAMARAJU, AGED 44 YEARS, OCC BUSINESS, R/O DOOR NO 3-130, ROTARY NAGAR, TEKKALI VILLAGE AND MANDAL, SRIKAKULAM DISTRICT. ...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, SRIKAKULAM DISTRICT. 532 001 3. REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. 532 001 4. TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 532 001 5. DEPUTY TAHSILDAR, O/O TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 6. VILLAGE REVENUE OFFICER, SYAMASUNDARAPURAM VILLAGE, AKKAVARAM PANCHAYAT, TEKKALI MANDAL, SRIKAKULAM DISTRICT. . 532 001 2 HBKM,J W.P.No.1715 of 2026 7. JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION FOR NATIONAL HIGHWAY -16 SRIKAKULAM, SRIKAKULAM DISTRICT. 532 001 8. PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT (GQ), NHAI ENCLAVE, KM 2/8, NH-16, HANUMANTHAVAKA, VISAKHAPATNAM CITY VISAKHAPATNAM DISTRICT - 530 040. ...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 Eviction Notice, 13- 01-2026 in Rc.No.446/2025/A issued under Section 6 of A.P. Land Encroachment Act, 1905 by the 4th respondent in the name of 1 petitioner and the Section 7 Notice dt. 29-12-2025 served to the petitioner on 12-01- 2026 by the 6th respondent and directed the petitioners to vacate their Mahalaxmi Granites and Car Shed situated in an extent of 1090.50 square yards in Survey Nos. 251-19A and 251-11 A, situated in Syamasundarapuram Village, Akkavaram Panchayat, Tekkali Mandal, Srikakulam District, without conducting enquiry, without considering explanation dt. 12-01-2026, without conducting survey, without examining the documents available on records, without giving an opportunity of personal hearing and without passing speaking order, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the Notices dt. 29-12-2025 and 13-01-2026 and direct the respondents not to interfere with petitioners peaceful possession and enjoyment of their RCC building 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 Eviction Notice, dt. 13-01-2026 issued by the 4th respondent and also direct the respondents not to dispossess the petitioners from their Mahalaxmi Granites and Car Shed situated in an extent of 1090.50 square yards in Survey Nos. 251-19A and 251-11 A, situated in Syamasundarapuram Village, Akkavaram Panchayat, 3 HBKM,J W.P.No.1715 of 2026 Tekkali Mandal, Srikakulam District, pending disposal of the main writ petition and pass such Counsel for the Petitioner(S): 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR REVENUE 4 HBKM,J W.P.No.1715 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 7 and Sri Akhil Krishnan, the learned Standing Counsel appearing for the 8th respondent. 2. This writ petition is filed questioning the Eviction Notice, dated 13.01.2026 in Rc.No.446/2025/A issued under Section 6 of the A.P. Land Encroachment Act, 1905 (herein after referred as “the Act”) by the 4th respondent in the name of the 1st petitioner and the Section 7 Notice dated 29.12.2025 served to the 1st petitioner on 12.01.2026 by the 6th respondent and directing the petitioners to vacate their Mahalaxmi Granites and Car Shed situated in an extent of 1090.50 square yards in Survey Nos.251-19A and 251-11A, situated in Syamasundarapuram Village, Akkavaram Panchayat, Tekkali Mandal, Srikakulam District, without conducting enquiry, without considering explanation dated 12.01.2026, without conducting survey, without examining the documents available on records, without giving an opportunity of personal hearing and without passing speaking order. 3. 3. The learned counsel for the petitioners submits that the 4th respondent issued notice under Section 7 of the Act dated 29.12.2025 to the 1st petitioner only alleging that the land in an extent of Ac.0.13 ½ cents of National High Way road No.16 is in illegal occupation by way of Sri Mahalaxmi Granites, 5 HBKM,J W.P.No.1715 of 2026 Tekkali and Cars Shed. The 1st petitioner was asked to submit explanation, if any on or before 12.01.2026. On the very same day, the 1st petitioner submitted explanation by way of reply notice dated 12.01.2026 to the said notice of Section 7 of the said Act. Without considering the same and without giving any due opportunity of hearing, the 4th respondent passed the order under Section 6 of the Act dated 13.01.2026. Though the petitioner is having remedy available under law, without giving any opportunity for the petitioners to recourse to law, the respondent authorities concerned are proceeding with the demolition of Sri Mahalaxmi Granites and Cars Shed belonging to the petitioners. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 7 submits that the petitioners’ explanation, if any for the impugned notice of the 4th respondent under Section 7 of the Act dated 29.12.2025 would be considered by following the due procedure by the said authority concerned. 5. In view of the above said facts and circumstances, the petitioners are permitted to submit their explanation to the above said notice of Section 7 of the Act, dated 29.12.2025 in continuation of their earlier reply notice dated 12.01.2026, within a period of four (04) weeks from the date of receipt of this order, enclosing all the necessary documents in support of their claim. On receipt of the same, the 4th respondent shall proceed with the necessary enquiry pursuant to the above said notice under Section 7 of the Act dated 6 HBKM,J W.P.No.1715 of 2026 29.12.2025, strictly in accordance with law by hearing all the parties concerned, including the petitioners, giving due opportunity, 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 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 encroachment covered under the impugned notice of the 4th respondent dated 29.12.2025. For the purpose of conducting the above said enquiry, the impugned order issued by the 4th respondent under Section 6 of the Act dated 13.01.2026 is set aside herewith. 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 21.01.2026 PGT