APHC010086082026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4823/2026 Between: 1. KANAGALA LAVANYA KUMARI, W/O. VENKATESWARLU, AGED 42 YEARS, OCC. GOVT. EMPLOYEE, R/O. D. NO. 5-111 CUMBUM VILLAGE AND MANDAL, MARKAPUR DISTRICT, ERSTWHILE PRAKASAM DISTRICT - 523333. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT - 522238. 2. THE DISTRICT COLLECTOR, MARKAPUR DISTRICT AT MARKAPUR, ERSTWHILE PRAKASAM DISTRICT, PIN CODE- 523316. 3. THE JOINT COLLECTOR, MARKAPUR DISTRICT AT MARKAPUR, ERSTWHILE PRAKASAM DISTRICT, PIN CODE-523316. 4. THE REVENUE DIVISIONAL OFFICER, MARKAPUR DIVISION, MARKAPUR DISTRICT, ERSTWHILE PRAKASAM DISTRICT - 523316. 5. THE TAHSILDAR, PEDDARAVEEDU MANDAL MARKAPUR DISTRICT - 523320. 6. THE DEPUTY TAHSILDAR, PEDDARAVEEDU MANDAL, MARKAPUR DISTRICT, ERSTWHILE PRAKASAM DISTRICT, PIN 2 HBKM,J W.P.No.4823 of 2026 CODE - 523320. 7. THE REVENUE INSPECTOR, PEDDARAVEEDU MANDAL, MARKAPUR DISTRICT, ERSTWHILE PRAKASAM DISTRICT, PIN CODE - 523320. 8. THE VILLAGE REVENUE OFFICER, PEDDARAVEEDU VILLAGE AND MANDAL, MARKAPUR DISTRICT ERSTWHILE PRAKASAM DISTRICT - 523320. 9. THE VILLAGE SURVEYOR, PEDDARAVEEDU VILLAGE AND MANDAL MARKAPUR DISTRICT - 523320. 10. VENNNA KRISHNA REDDY, S/O. LAKSHMAREDDY, AGED 52 YEARS, OCC. CULTIVATION, R/O. KAMBAMPADU POST PEDDARAVEDU MANDAL, MARKAPUR DISTRICT - 523331 ...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 Proceedings in RCB/292/2025, dated 03.02.2026 issued by the 5th Respondent under Section-6 of the Andhra Pradesh the Land Encroachment Act, 1905, whereby directing the Petitioner to vacate from a portion of his Private Patta Land Admeasuring Ac.6.08 cents covered by Sy. No. 517 of Kombampadu Village, Peddaravedu Mandal, Markapur District, Erstwhile Prakasam District for the purpose of creating a Foot Path to the agriculture field of 10th Respondent, as illegal, irregular, irrational contrary to the provisions of the Andhra Pradesh the Land Encroachment Act, 1905 and its governing Rules and offends Articles 14, 21 and 300-A of Constitution of India and consequently, direct the Respondents specifically the Respondent Nos. 5 to 9 not to interfere in any manner with the peaceful possession of Petitioner over her said property 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 Proceedings in RCB/292/2025, dated 03.02.2026 issued by the 5th Respondent, and consequently direct the Respondent Nos. 5 to 9 not to interfere in any manner with the peaceful 3 HBKM,J W.P.No.4823 of 2026 possession of Petitioner over her property admeasuring Ac.6.08 cents covered by Sy. No. 517 of Kombampadu Village, Peddaravedu Mandal, Markapur District, Erstwhile Prakasam District, pending disposal of main Writ Petition and pass Counsel for the Petitioner: 1. SITA RAM CHAPARLA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 4 HBKM,J W.P.No.4823 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondent Nos. 1 to 9. 2. Issuance of notice to the 10th respondent is dispensed with, as no prejudice would cause even if it is disposed of in his absence. 3. This writ petition is filed questioning the order passed by the 5th respondent, dated 03.02.2026, under Section 6 of A.P.Land Encroachment Act, 1905, with respect to the subject land in Survey No.517, dealing with Pathway/Kali Bata. 4. On the complaint given by the 10th respondent, dated 13.10.2025, to the 4th respondent, the matter appears to have been referred to the 5th respondent for taking necessary action. The allegation in the said complaint is that the petitioner by encroaching the Pathway/Kali Bata, raised fencing to her land and causing obstruction to the 10th respondent, alleging that the petitioner closed the Rastha and as such it may be reopened with the good offices of the respondents. In pursuance of the said complaint, the 5th respondent issued notice under Section 7 of the A.P.Land Encroachment Act, 1905, dated 22.10.2025, alleging that the petitioner illegally occupied the Kali Bata in Survey No.517 of Khambampadu Village as existed in the Village Map, for which the petitioner submitted her explanation, dated 28.10.2025. Considering the same, the 5th respondent passed the above said impugned order, dated 03.02.2026, to remove the fencing obstructing the Kali Bata in Survey No.517 of the said village. 5. The learned counsel for the petitioner submits that the objections raised by the petitioner were not appreciated by the said authority both on facts and law, and 5 HBKM,J W.P.No.4823 of 2026 who were the other witnesses examined in the enquiry is also not reflected in the above said impugned order. There is no determination with respect to the nature of Kali Bata in order to invoke the provisions of the A.P. Land encroachment Act, 1905. According to the petitioner, it is a private land, used a portion of it as Kali Bata, though it is fenced, the 10th respondent cannot have any grievance as it is formed for the private land of the petitioner. 6. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 9 submits that the 5th respondent can re-examine the issue by following the due procedure. 7. In view of the above said facts and circumstances, upon consideration of the rival submissions made and on perusal of the impugned order of the 5th respondent, dated 03.02.2026, this Court is of the view that there is no exhaustive enquiry reflected as per the impugned order of the 5th respondent, dated 03.02.2026 and as such it is just and proper to remand the matter to the 5th respondent for fresh consideration, by taking into account the totality of facts and circumstances, after hearing all the parties concerned including the petitioner and the 10th respondent by giving due opportunity, for which the petitioner is permitted to submit additional explanation, if any, enclosing all the necessary documents in respect of her claim, in continuation of her earlier explanation, dated 28.10.2025 to the above said notice of the 5th respondent, dated 22.10.2025, within a period of four (04) weeks from the date of receipt of this order. 8. On receipt of such additional explanation, if any, giving due opportunity to others concerned including the 10th respondent, to file objections/representations, if any, the necessary enquiry shall be conducted afresh by the 5th respondent in 6 HBKM,J W.P.No.4823 of 2026 pursuance of the above said notice, dated 22.10.2025 strictly in accordance with law by hearing all the parties concerned including the petitioner, the 10th respondent and other concerned villagers. Upon verification of the records and the said land, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months thereafter, uninfluenced by the earlier order, which is assailed in this writ petition. Pending the above said enquiry, there shall be an order of status quo, as on today, to be maintained with respect to the subject Kali Bata as detailed in the above said notice, dated 22.10.2025. 11. 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 19.02.2026 RMD 7 HBKM,J W.P.No.4823 of 2026 176 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4823/2026 19.02.2026 RMD