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2026 DAILYLAW 15944 (AP)

SIYYADRI BALACHANDRA v. THE STATE OF ANDHRA PRADESH

WP/3877/2026 · 2026-02-10

B Krishna Mohan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010047422026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3877/2026 Between: 1. SIYYADRI BALACHANDRA, S/O S. RAMANA, AGED ABOUT 33 YEARS, R/O D.NO. 3-78, BODDUNAIDUPALEM, MUDAPAKA PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI.522237 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 530001 3. THE TAHSILDAR, (MANDAL REVENUE OFFICER), PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT. 531173 ...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 issue a writ, order, or direction, more particularly a Writ of Mandamus, declaring the action of respondent No.3, in issuing proceedings vide ROC. No.949/2025/A, dated. 28-12-2025, regarding the land situated in Survey No. 97-3 of Rajayyapeta Village, Pendurthi Mandal, Visakhapatnam District, as illegal, void, and unconstitutional as illegal, arbitrary, and a violative of Articles 14, 21 and 300-A of the Constitution of India and consequently direct the Respondents to Suspend the proceedings vide ROC. 2 HBKM,J W.P.No.3877 of 2026 No.949/2025/A, dated 28-12-2025, regarding the land situated in Survey No. 97-3 of Rajayyapeta Village, Pendurthi Mandal, Visakhapatnam District, 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 may be pleased to stay all further proceedijigs vide ROC. NO.949/2025/A, dated 28-12-2025, regarding the land situated in Survey No. 97- 3 of Rajayyapeta Village, Pendurthi Mandal, Visakhapatnam District and pass Counsel for the Petitioner: 1. K KEDHARNATH CHOWDARY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 HBKM,J W.P.No.3877 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the urgent notice issued by the 3rd respondent, in proceedings vide ROC. No.949/2025/A, dated 28.12.2025, regarding the land situated in Sy. No. 97-3 of Rajayyapeta Village, Pendurthi Mandal, Visakhapatnam District, alleging that the petitioner occupied the public space by getting it registered under document No.3748/2024, basing upon a complaint said to have been made by the Gayatri Nagar Float Owners Association No.272/2025. 2. The learned counsel for the petitioner submits that the petitioner submitted a letter dated 09.01.2026, seeking some time to participate in the above said enquiry. 3. Pursuant to the said urgent notice, the learned Assistant Government Pleader for the respondents submits that the petitioners may submit their explanation to the above said urgent notice issued by the 3rd respondent, dated 28.12.2025, and if so, the same shall be considered by the said authority by following the due procedure. 4. In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation to the above urgent notice issued by the respondent No.3, in proceedings vide ROC. No.949/2025/A, dated 4 HBKM,J W.P.No.3877 of 2026 28.12.2025, enclosing all the necessary documents in support of his claim to the above said urgent notice by the 3rd respondent, dated 28.12.2025 within a period of four (04) weeks from the date of receipt of this order. On receipt of such explanation from the petitioner, the 3rd respondent is directed to proceed with the necessary enquiry pursuant to the above said urgent notice, dated 28.12.2025 strictly in accordance with law by hearing all the parties concerned including the petitioner giving due opportunity. Upon verification of 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. If necessary, in the presence of all the parties concerned, the 3rd respondent shall conduct survey of the subject land also. Pending above said enquiry, there shall be stay of all further proceedings to be maintained with respect to the subject land covered under document No.374 of 2024 pertaining to the petitioner only. 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 11.02.2026 RMD 5 HBKM,J W.P.No.3877 of 2026 252 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3877/2026 11.02.2026 RMD