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2026 DAILYLAW 15396 (AP)

Sri Sulam Pedda Obulesu v. THE STATE OF ANDHRA PRADESH

WP/2001/2026 · 2026-01-21

B Krishna Mohan

body2026

Judgment text

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APHC010031902026 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: 2001/2026 Between: 1. SRI SULAM PEDDA OBULESU,, S/O LATE S. GOVINDU, AGED ABOUT 49 YEARS R/O D. NO. 3/22, RAPTADU MANDAL, ANANTAPUR DISTRICT. -515123 2. SRI SULAM VASANTHU,, S/O LATE S. GOVINDU, AGED ABOUT 40 YEARS, R/O D. NO. 3-22-A, RAPTADU MANDAL, ANANTAPUR DISTRICT. -515123 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. - 522237 2. THE REVENUE DIVISIONAL OFFICER, ANANTAPUR DIVISION, ANANTAPUR DISTRICT.-515001 3. THE TAHSILDAR, RAPTADU MANDAL, ANANTAPUR DISTRICT. - 515123 ...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 in the nature of a Writ of Mandamus, by declaring the action of the 3rd respondent, in issuing the notice vide Rc. No. B/398/2024 dated. 20.01.2026,as illegal, 2 HBKM,J W.P.No.2001 of 2026 arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and Consequently, it is prayed that this Hon'ble Court may be pleased to set aside the same, 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 of the proceedings vide Rc. No. B/398/2024 dated; 20.01.2026, issued by the 3rd respondent, and grant Counsel for the Petitioner(S): 1. K SRINIVAS Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.2001 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the notice issued by the 3rd respondent dated 20.01.2026 directing the petitioners to remove the borewell, D.P. Transformer and pipe line, voluntarily from the subject land in an extent of Ac.4.90 cents in Sy.No.103-2 and Ac.2.86 cents in Sy.No.103-3 of Gondireddipalli Village, Raptadu Mandal, Ananthapur District. 3. The learned counsel for the petitioners submits that without giving any opportunity and without conducting any enquiry, the petitioners are directed to remove the same within a period of 7 days from the date of receipt of the said order on the ground that the subject land is a Government land. 4. He further submits that the petitioners are having D-form patta for the subject lands dated 26.02.2007 and 06.11.2006 respectively issued by the 3rd respondent and they have been in possession and enjoyment of the same. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that it is only a notice, for which, the petitioners can submit their explanation and if so, the same will be considered by the 3rd respondent following the due procedure. 6. In view of the above said facts and circumstances, the petitioners are permitted to submit their explanation to the above said impugned notice of the 4 HBKM,J W.P.No.2001 of 2026 3rd respondent dated 20.01.2026, by enclosing all the necessary documents in support of their claim, within a period of four (04) weeks from the date of receipt of this order. On receipt of the same, the 3rd respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 20.01.2026, 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 including the other articles/movables situated in the subject land/fixed in it 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 lands and the above said movables fixed in the said lands pertaining to the petitioners only. 7. Accordingly, this 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 22.01.2026 PGT