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2026 DAILYLAW 17259 (AP)

Battula Suneetha v. The State of Andhra Pradesh

WP/4625/2026 · 2026-02-17

B Krishna Mohan

body2026

Judgment text

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APHC010083702026 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: Between: 1. BATTULA SUNEETHA, , W/O. SIVA SANKAR REDDY, AGED 40 YEARS, OCC HOUSE WIFE, R/O. 2 VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. ANDHRA PRADESH-522 238. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, ANDHRA PRADESH 3. THE REVENUE DIVISIONAL OF KRISHNA DISTRICT, ANDHRA PRADESH 4. THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH- 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 or order or a direction more particularly one in the nature of WR respondents more particularly the 4th respondent issued impugned notice vide R.CA/1344/2021, dated 06.02.2026, thereby directed the petitioner to IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4625/2026 BATTULA SUNEETHA, , W/O. SIVA SANKAR REDDY, AGED 40 YEARS, OCC HOUSE WIFE, R/O. 2-39, VEERAPANENIGUDEM VILLAGE, GANNAVARAM MANDAL, KRISHNA DISTRICT-521 286 ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, MACHILIPATNAM, ANDHRA PRADESH-521 002. THE REVENUE DIVISIONAL OFFICER, RDO OFFICE, GUDIVADA, KRISHNA DISTRICT, ANDHRA PRADESH-521 301. THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT, 521 101. ...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 or order or a direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents more particularly the 4th respondent issued impugned notice vide R.CA/1344/2021, dated 06.02.2026, thereby directed the petitioner to IN THE HIGH COURT OF ANDHRA PRADESH [3233] WEDNESDAY,THE EIGHTEENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN BATTULA SUNEETHA, , W/O. SIVA SANKAR REDDY, AGED 40 39, VEERAPANENIGUDEM 521 286 ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, CHILAKALAPUDI, FICER, RDO OFFICE, GUDIVADA, THE TAHSILDAR, GANNAVARAM MANDAL, KRISHNA DISTRICT, ...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 or order or a direction more particularly IT OF MANDAMUS declaring the action of the respondents more particularly the 4th respondent issued impugned notice vide R.CA/1344/2021, dated 06.02.2026, thereby directed the petitioner to 2 evict the house and site in an extent of 205 square yards, covered in Survey No.192/7B of Veerapanenigudem Village, Gannavaram Mandal, Krishna District, which is illegal, arbitrary, violation of Articles 14, 21 and 300-A of the Constitution of India and also violative of Principles of natural justice, consequently direct the respondents not to evict the petitioner in the house and site in an extent of 205 square yards, covered in Survey No.192/7B of Veerapanenigudem Village, Gannavaram Mandal, Krishna District, and pass such 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 direct the 4th respondent not to take any coercive steps in pursuance of notice vide R.CA/1344/2021, dated 06.02.2026 for eviction of house and site of the petitioner in an extent of 205 square yards covered in survey No.192/7B of Veerapanenigudem Village, Gannavaram Mandal, Krishna District and pass such Counsel for the Petitioner: 1. BATTULA SANJAIAH GANDHI Counsel for the Respondent(S): 1. GP FOR REVENUE 3 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 notice issued by the 4th respondent dated 06.02.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, alleging that the petitioner has encroached upon Government land to an extent of 205 square yards and is running a business therein without any authority, and calling upon the petitioner to submit an explanation within seven (07) days. 3. The learned counsel for the petitioner submits that pursuant to the above said notice, the petitioner submitted an explanation on 11.02.2026, but the same is not considered and there is a threat of coercive action. Hence, the present writ petition. 4. On the other hand, the learned Assistant Government Pleader for the respondents submits that the explanation of the petitioner would be considered by the 4th respondent by following the due procedure. 5. In view of the above said facts and circumstances, the 4th respondent is directed to proceed with the above said notice dated 06.02.2026 strictly in accordance with law, by hearing all the parties concerned including the petitioner, giving due opportunity, and upon verification of the records and the 4 subject land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months from the date of receipt of copy of this order. 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 impugned notice of the 4th respondent dated 06.02.2026. 6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs. Interim order, if any, deemed to have been vacated. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 18.02.2026 PNS