APHC010042642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE SECOND DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 2809/2026 Between: 1. PALAKOLANU NARAYANA REDDY,, S/O. NADIPI SUBBBA REDDY, AGED ABOUT 49 YEARS, OCC AGRICULTURE, R/O. RAJUPALEM VILLAGE, KALASAPADU MANDAL, YSR KADAPA DISTRICT. 2. NELLATURI KONDAMMA,, W/O. PEDDA RANGAIAH, AGED ABOUT 59 YEARS, OCC AGRICULTURE, R/O. RAJUPALEM VILLAGE, KALASAPADU MANDAL YSR KADAPA DISTRICT. 3. SHAIK IMAMBI,, W/O. NANNE SAHEB, AGED ABOUT 33 YEARS, OCC AGRICULTURE, R/O. RAJUPALEM VILLAGE, KALASAPADU MANDAL, YSR KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH - 522 020 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA.-510 217 3. THE TAHSILDAR, KALASAPADU MANDAL, YSR KADAPA DISTRICT. - 516 217 ...RESPONDENT(S): 2 HBKM,J W.P.No.2809 of 2026 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 or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the notices dt. 18- 10-2025, issued by the 3rd respondent under the A.P. Land Encroachment Act, alleging that the petitioners have encroached the Government land to an extent of Ac. 4.63 Cents in web land Sy. No. 213/6, in RSR Sy. No. 1, an extent of Ac. 0.62 Cents in web land Sy. No. 213/4, in RSR Sy. No. 1, and an extent of Ac. 1.90 Cents in web land Sy. No. 213/1, in RSR Sy. No. 1, of Malluvaripalle village, Kalasapadu mandal, YSR Kadapa District, without any authority of law 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 notices dt. 18-10-2025, issued by the 3rd respondent under the A.P. Land Encroachment Act, alleging that the petitioners have encroached the Government land to an extent of Ac. 4.63 Cents in web land Sy. No. 213/6, in RSR Sy. No. 1, an extent of Ac. 0.62 Cents in web land Sy. No. 213/4, in RSR Sy. No. 1, and an extent of Ac. 1.90 Cents in web land Sy. No. 213/1, in RSR Sy. No. 1, of Malluvaripalle village, Kalasapadu mandal, YSR Kadapa District, pending disposal of the writ petition Counsel for the Petitioner(S): 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.2809 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 under the Andhra Pradesh Land Encroachment Act, 1905 dated 18.10.2025 alleging that the 1st petitioner encroached upon the Government land in RSR Survey No.1 of Malluvaripalle Village, Kalasapadu Mandal, YSR Kadapa District to an extent of Ac.4.63 cents under the description of sale by occupying the same. 3. The learned counsel for the petitioners submits that the subject land is a private land and the 1st petitioner purchased through a registered sale deed dated 09.11.2005 to an extent of Ac.2.32 cents in Sy.No.213/6 without conducting any survey the 3rd respondent alleges that it is a Government land falling in Sy.No.1 of the said village by way of the above said impugned notices dated 18.10.2025. 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 3rd respondent dated 02.02.2026 submits that as per the RSR of the Malluvaripalle Revenue Village of Kalasapadu Mandal the Sy.No.1 in an extent of Ac.100.00 cents is classified as Hill Stream. As per FMB, the Sy.No.1 in an extent of Ac.100.00 cents was not sub-divided, but the writ petitioners submitted the Sy.Nos.213/1, 213/4, 213/6 4 HBKM,J W.P.No.2809 of 2026 which are not sub-divided from Sy.No.1 to an extent of Ac.100.00 cents and no subdivision recorded evidence was submitted by the writ petitioners. As per RSR the last Survey number is 212. On verification of the office records, DKT pattas were not issued in Sy.No.1 to an extent of Ac.100.00 cents. 5. He further submits that if any explanation is submitted to the above said impugned notices, the respondent authorities concerned will follow the due procedure. 6. In view of the above said facts and circumstances, the petitioners are permitted to submit explanation, enclosing all the necessary documents in support of their claim to the above said impugned notices of the 3rd respondent dated 18.10.2025 within a period of four (04) weeks from the date of receipt of this order. On receipt of such explanation from the petitioners, the 3rd respondent is directed to proceed with the necessary enquiry pursuant to the above said notices dated 18.10.2025 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 four (04) months thereafter. If necessary, in the presence of all the parties concerned, giving due opportunity, the 3rd respondent shall conduct survey of the subject land also. 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 as detailed in the table given in the 5 HBKM,J W.P.No.2809 of 2026 impugned notices of the 3rd respondent dated 18.10.2025. The written instructions of the 3rd respondent dated 02.02.2026 shall be made as part of the Court record. 7. 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 02.02.2026 PGT