APHC010079572026 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: 4550/2026 Between: 1. NETHETI ESWARARAO, S/O. SATYANARAYANA, AGED 55 YEARS, OCC. BUSINESS - NEELAMMATHALLI AUTOMOBILES, R/O. ELWINPETA VILLAGE, GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, AP - 535523. 2. NETHETI SASIKALA,, W/O ESWARARAO, AGED 51 YEARS, R/O ELWINPETA VILLAGE, GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, AP-535523. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DIST., A.P. PIN. 522238. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DIST., A.P. PIN. 522238. 3. THE DISTRICT COLLECTOR, PARVATHIPURAM MANYAM DISTRICT, A.P. PIN. 535523. 4. THE SPECIAL DEPUTY COLLECTOR TRIBAL WELFARE, ELWINPETA VILLAGE, GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, A.P. PIN. 535523. 2 BKM,J W.P.No.4550 of 2026 5. THE MANDAL EXECUTIVE MAGISTRATE CUM TAHSILDAR, GUMMALAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, A.P. PIN. 535523. 6. THE PANCHAYAT SECRETARY, ELWINPETA GRAM PANCHAYAT, ELWINPETA VILLAGE, GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, A.P. PIN. 535523. 7. THE INTEGRATED TRIBAL E AND R DEVELOPMENT SOCIETY, REP. BY ITS.. PRESIDENT T. VENKATA SIVA RAM, REG. NO. 2058/2006, W.G. (DT)., ADMIN/O KURUKUTTI (V AND P), SALURU MANDAL, PARVATHIPURAM, MANYAM DISTRICT, A.P. PIN. 535523. 8. ANDHRA PRADESH SCHEDULED AREA ADIVASI SANGAM, REP. BY ITS., NIMMAKA SIMHACHALAM, REG. 2048/2018, O/O CHINTALAPADU VILLAGE, DUDDUKHALLU PANCHAYAT, GL PURAM MANDAL, PARVATHIPURAM, MANYAM DISTRICT, A.P. PIN. 535523. 9. MUVVALAPUSHPARAO, S/O RAJA RAO, AGED 45 YEARS, R/O ELWINPETA VILLAGE, GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, AP - 535523. 10. VOYAKA SANTOSH KUMAR, S/O KORMAIAN, AGED 40 YEARS, R/O ELWINPETA VILLAGE, GUMMA LAKSHMIPURAM MANDAL, PARVATHIPURAM MANYAM DISTRICT, AP - 535523 ...RESPONDENT(S): Counsel for the Petitioner(S): 1. SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR SOCIAL WELFARE 3 BKM,J W.P.No.4550 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleaders appearing for the respondent Nos.1 to 6. 2. The issuance of notices to the respondent Nos.7 to 10 is dispensed with as no prejudice would cause to them even if it is disposed of in their absence. 3. This writ petition is filed questioning the notices issued by the 5th and 6th respondents dated 04.02.2026 and 09.02.2026 respectively directing them to submit the explanations by the petitioners to show cause why the alleged encroachments shall not be removed. 3. The learned counsel for the petitioners submits that the 5th respondent issued the above said impugned notice dated 04.02.2026 alleging that the petitioners illegally occupied the subject land and constructed M/s. Neelamma Thalli Automobiles Shop. The 6th respondent also in tune with the 5th respondent issued the above said impugned notice dated 09.02.2026 alleging that without necessary permissions, the said Automobile shop was constructed by the petitioners which is running. 4. He further submits that these notices were issued at the behest of the unofficial respondents on the false complaints said to have been given by them. 5. On the other hand, the learned Assistant Government Pleaders appearing for the official respondents submit that if necessary explanations 4 BKM,J W.P.No.4550 of 2026 are submitted by the petitioners for the above said notices, the same would be considered by following the due procedure. 6. In view of the above said facts and circumstances, the petitioners are permitted to submit their separate explanations to the above said notices of the 5th and 6th respondents dated 04.02.2026 and 09.02.2026 respectively, enclosing all the necessary documents in support of their claim, within a period of four (04) weeks from the date of receipt of this order. On receipt of the same, the said respondent Nos.5 and 6 shall proceed with the necessary enquiries separately, pursuant to the above said notices dated 04.02.2026 and 09.02.2026 respectively strictly in accordance with law, by hearing all the parties concerned, including the petitioners and the unofficial respondent Nos.7 to 10, giving due opportunity, upon verification of the records and the subject land and the subject construction, appropriate decisions shall be taken by the said authorities concerned on their own merit, as expeditiously as possible, preferably within a period of four (04) months thereafter. Pending the above said enquiries, there shall be an order of status quo as on today to be maintained with respect to the subject encroachments and constructions as detailed in the above said notices dated 04.02.2026 and 09.02.2026. 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. 5 BKM,J W.P.No.4550 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 17.02.2026 PGT