APHC010155852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8945/2026 Between: 1. SMT GOWNIPALLI REDDEMMA, W/O G SUDHAKAR AGED ABOUT 33 YEARS OCC HOUSE WIFE R/O D NO 19/21 UPPARAPALLI H/O MADITHADU VILLAGE T SUNDUPALLI MANDAL, YSR KADAPA DISTRICT - 516130 2. SMT TIRUMALAREDDY BINDU, W/O T RAMA MOHAN REDDY AGED ABOUT 27 YEARS, OCC HOUSE WIFE R/O CHERUVUKINDAPALLI VILLAGE, T SUNDUPALLI MANDAL, YSR KADAPA DISTRICT - 516130 3. SMT GOVINDU LAKSHMAMMA, W/O G MALLAIAH AGED ABOUT 58 YEARS OCC HOUSE WIFE R/O UPPARAPALLI H/O MADITHADU VILLAGE T SUNDUPALLI MANDAL, YSR KADAPA DISTRICT - 516130 4. PEDDI VENKATA SUBBA REDDY, S/O SIDDA REDDY, AGED ABOUT 58 YEARS, OCC AGRICULTURE R/O D NO 14/5, SONTAMVARIPALLI H/O GUNDLAPALLI VILLAGE T SUNDUPALLI MANDAL YSR KADAPA DISTRICT - 516130 5. K. KALPANA, W/O T. SIVA REDDY, AGED ABOUT YEARS, OCC AGRICULTURE R/O T. SUNDUPALLI VILLAGE AND MANDAL YSR KADAPA DISTRICT - 516130 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT - 522238 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT YSR KADAPA - 516001 3. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISIONAL OFFICE, KADAPA, YSR KADAPA DISTRICT - 516001 4. THE TAHSILDHAR, T. SUNDUPALLI MANDAL T. SUNDUPALLI - YSR KADAPA DISTRICT 516130 ...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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the Notice bearing Reference No. B/982/2025, dated 12.01.2026, served on 29.01.2026, issued by Respondent No.4 in purported exercise of powers under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, directing the petitioners to handover possession of the land in an extent of Ac.0.112 Cents in Sy.No.2101 and Ac.0.052 Cents in Sy.No.2169 total)' an extent of 0.158 cents of T. Sundupalli village and Mandal, YSR Kadapa District as arbitrary, illegal, colourable exercise of power apart from being violative of fundamental rights guaranteed under articles 14,19 and 21 of the Constitution of India and consequently set aside the same 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 to grant interim suspension of all further proceedings pursuant to the Notice bearing Reference No. B/982/2025, dated 12.01.2026, served on 29.01.2026,issued by Respondent No.4 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, including all consequential actions, pending disposal of the Writ Petition, and consequently direct the respondents not to dispossess the petitioner from the subject land admeasuring Ac.0.112 cents in Sy.No.2101 and Ac.0.052 cents in Sy.No.2169, totaling Ac.0.158 cents, situated at T. Sundupalli Village and Mandal, YSR Kadapa District, and to maintain status quo with regard to possession and nature of the property Counsel for the Petitioner(S): 1. B.ABHAY SIDDHANTH MOOTHA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This Writ Petition is filed questioning the notice issued by the 4th respondent dated 12.01.2026, under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, directing the petitioners to vacate the subject lands as detailed in the schedule of the said notice within forty eight (48) hours from the date of receipt of said notice. According to the impugned notice of the 4th respondent dated 12.01.2026, the petitioners encroached various extents of subject land as detailed therein, by raising RCC Building to an extent of Ac.0.108 cents in Sy.No.2101 and 0.016 cents in Sy.No.2169 and compound wall to an extent of Ac.0.004 cents in Sy.No.2101 and to an extent of Ac.0.046 cents in Sy.No.2169, totally to an extent of Ac.0.158 cents. The impugned notice further reveals that it is a tank and tank bed lands in Sy.Nos.2169 & 2101 of T. Sundupalli Village and Mandal, Y.S.R. Kadapa District and the written explanation of the petitioners dated 09.01.2026, was not convincing and deserves no consideration. 3. The learned counsel for the petitioners submits that the impugned notice was conveniently addressed only to the 5th respondent, though all the petitioners’ land was included in the schedule mentioned in the impugned notice of the 4th respondent dated 12.01.2026. Since the other petitioners i.e. petitioner Nos.1 to 4 earlier filed W.P.No.20299 of 2021, dated 22.09.2021, the 4th respondent deliberately avoided to issue notices to them and only issued notice to the 5th respondent, under the Land Encroachment Act, though the other petitioners’ land was also mentioned in the above said schedule. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the petitioners’ explanation would be considered in detail by the 4th respondent by following the due procedure. 5. In view of the above said facts and circumstances, as there was no further reasoning in the contents of the petitioners’ written explanation dated 09.01.2026, mentioned in the above said impugned notice dated 12.01.2026, one more opportunity is given to the petitioners’ to submit their explanation, in the interest of justice, before the authority concerned. For the said purpose, the petitioners’ are permitted to submit their explanation in detail by enclosing all the necessary documents in support of their claim, pursuant to the Section 7 notice of the 4th respondent dated 23.12.2025, within a period of four (4) weeks from the date of receipt of this order. 6. On receipt of such explanation from the petitioners, the 4th respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 23.12.2025, strictly in accordance with the law, by hearing all the parties concerned, including the petitioners and others concerned by 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. 7. Pending the enquiry, there shall be an order of Status-quo as on today to be maintained with respect to the encroachment of the subject land, as detailed in the schedule of the notice of the 4th respondent dated 23.12.2025. For the purpose of conducting the enquiry afresh, the impugned notice of the 3rd respondent dated 12.01.2026, is set aside herewith. 8. 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 Date: 07.04.2026 CVD