APHC010036192026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2308/2026 Between: 1. KARRI APPA RAO, S/O. SANYASI, AGED ABOUT 74 YEARS, CULTIVATION, R/O. H.NO.4-45, PALLAPU VEEDHI, UMMALADA VILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH, PIN CODE NO.531 001. 2. KARRI SRIDHAR NAGA APPA RAO,, C/O. APPA RAO, AGED ABOUT 26 YEARS, H.NO.4-45, PALLAPU VEEDHI, UMMALADA VILLAGE, MUNAGAPAKA MANDAL ANAKAPALLI DISTRICT, ANDHRA PRADESH, PIN CODE NO.531001. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARVATHI, GUNTUR DISTRICT, ANDHRA PRADESH, PIN CODE NO.522237. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI, ANDHRA PRADESH, PIN CODE NO.531001. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI, ANAKAPALLI DISTRICT, ANDHRA PRADESH, PIN CODE NO.531001. 4. THE TAHSILDAR, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH, PIN CODE NO.531 001. 2 HBKM,J W.P.No.2308 of 2026 5. THE MANDAL REVENUE INSPECTOR, MUNAGAPAKA VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH PIN CODE NO.531 001. ...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 one in the nature of Writ of Mandamus declaring the action of the respondents 4 and 5 in issuing Proceedings Rc.No.666/SA/Dt. 16-12-2025 as bad, illegal and arbitrary as the Notice under Section 7 of Land Encroachment Act, 1905 issued in petitioner favour in which I do not have land in Sy.No.106 at all in Ummalada Village, Munagapaka Mandal, Anakapalli District and consequently set aside the Proceedings Rc.No.666/SA/Dt.16-12- 2025 of 4th and 5th respondents 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 suspend the Proceedings Rc.No.666/SA/Dt.16-12-2025 issued by 4th and 5th respondents and to pass Counsel for the Petitioner(S): 1. K SUBRAHMANYAM Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.2308 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 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 dated 16.12.2025 issued by the 4th respondent addressing to the 1st petitioner alleging that the petitioner occupied the subject land to an extent of Ac.0.025 cents in Sy.No.106 (1007) of Ummalada Village when it is a Poramboke Kaluva and trying to construct the building thereupon and explanation was called upon to be submitted within 15 days. 3. The learned counsel for the petitioners submits that the 1st petitioner submitted explanation dated 05.01.2025, which was received by the 4th respondent on 06.01.2026, without considering the same, further coercive steps may be taken, hence this writ petition. 4. He further submits that the petitioners never occupied the Poramboke Kaluva land as alleged in the above said impugned notice of the 4th respondent dated 16.12.2025. In fact, the 1st petitioner purchased Ac.0.27 cents in Sy.No.105/6 and 110/1 on 16.01.1979 through a registered sale deed. For which, pattadar passbooks and title deeds were also issued. 5. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 24.01.2026 submits 4 HBKM,J W.P.No.2308 of 2026 that, the Sy.No.106 to an extent of Ac.0.591 cents is classified as Poramboke Kaluva-Government land. The unauthorized occupation in the Government land by the writ petitioner is not at all permissible and as such, the above said Section 7 notice was issued and by following the due procedure, appropriate action will be taken in the matter as per the norms. 6. In view of the above said facts and circumstances and upon consideration of the rival submissions made, the petitioners are permitted to submit their additional explanation, if any, enclosing all the necessary documents, in support of their claim to the above said notice of the 4th respondent dated 16.12.2025 within a period of four (04) weeks from the date of receipt of this order. On receipt of such additional explanation from the petitioners, the 4th respondent shall continue with the necessary enquiry pursuant to the above said notice dated 16.12.2025, 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. Till the completion of the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject land as detailed in the above said impugned notice dated 16.12.2025. The written instructions of the 4th respondent dated 24.01.2026 shall be made as part of the Court record. 5 HBKM,J W.P.No.2308 of 2026 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 29.01.2026 PGT