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2026 DAILYLAW 16754 (AP)

GUTTA SRINIVASULU v. THE STATE OF ANDHRA PRADESH

WP/4232/2026 · 2026-02-16

B Krishna Mohan

body2026

Judgment text

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APHC010069092026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE SEVENTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4232/2026 Between: 1. GUTTA SRINIVASULU, S/O CHINNAIAH, AGED ABOUT 50 YEARS, OCC BUSINESS, R/O KOTTALU (VIL), CHEJARLA MANDAL, S.P.S.R.NELLORE DISTRICT -524341 . ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH STATE-522239 2. THE DISTRICT COLLECTOR, NELLORE, S.P.S.R.NELLORE DISTRICT-524001. 3. THE TAHSILDAR, CHEJARLA MANDAL, CHEJARLA, S.P.S.R.NELLORE DISTRICT -524341 . ...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 notice in R.C.B 28/2026 dated 03.02.2026 of the Tahsildar, Chejarla Mandal, Chejarla, S.P.S.R.Nellore District issued under section 7 of the A.P. Land Encroachment Act, 1905 to the petitioner is arbitrary, illegal, without Jurisdiction and consequently set 2 BKM,J W.P.No.4232 of 2026 aside the said notice in R.C.B 28/2026 dated 03.02.2026 of the Tahsildar, Chejarla Mandal, Chejarla, S.P.S.R.Nellore 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 pleased to suspend the operation of the Notice in R.C.B 28/2026 dated; 03.02.2026 of the Tahsildar, Chejarla Mandal, Chejarla, S.P.S.R.Nellore District issued under section 7 of the A.P. Land Encroachment Act, 1905 to the petitioner, pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. CH C KRISHNA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.4232 of 2026 The Court made the following Order: No representation for the petitioner. Heard 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 03.02.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the petitioner illegally encroached upon the subject land to an extent of Ac.0.35 cents out of Ac.2.04 cents in Sy.No.360-B of Chittaluru Revenue Village, Chejarla Mandal, S.P.S.R. Nellore District. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that, if the petitioner submits explanation to the above said notice of the 3rd respondent dated 03.02.2026, the same would be considered by following the due procedure. 4. In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation, enclosing all the necessary documents in support of his claim to the above said notice of the 3rd respondent dated 03.02.2026 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 notice dated 03.02.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon 4 BKM,J W.P.No.4232 of 2026 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. 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 of alleged encroachment as detailed in the above said notice of the 3rd respondent dated 03.02.2026. 5. 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 17.02.2026 PGT