Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 17561 (AP)

Botta Appala Satyannarayana v. The State of Andhra Pradesh

WP/4859/2026 · 2026-02-19

B Krishna Mohan

Public Interest Litigationbody2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010087012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE TWENTIETH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 4859/2026 Between: 1. BOTTA APPALA SATYANNARAYANA, S/O. LATE BOTTA APPILI, AGED 45 YEARS, OCC AGRICULTURE, R/O. D. NO. 5-124, STHIVANIPALEM, NARAVA VILLAGE, PENDURTHI MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, VELAGAPUDI, AMARAVATHI. -522238 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT.-530001 3. THE TAHSILDAR, PENDURTHI MANDAL VISAKHAPATNAM DISTRICT. -531173 ...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 an appropriate writ, order or direction, more particularity one in the nature of writ of Mandamus declaring the impugned Eviction Notice under section 7 of the A.P.L.E. Act III of 1905 vide Rc. No. 641/2025/SA Dt. 19.12.2025 passed by the 3rd Respondent for the assigned agricultural land as illegal, arbitrary and violative of Articles 14, 21 and 300-A of the Constitution of India and set aside the same by directing the 3rd Respondent not to dispossess the petitioner from the agricultural assigned 2 BKM,J W.P.No.4859 of 2026 land in Sy. No. 362/P admeasuring Ac.0-72 cents in Narava Revenue village, Pendurthi Mandal, Visakhapatnam District pending consideration of the Reply/ Explanation Dt. 03.01.202 in the interest of justice 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 direct the 3rd Respondent not to dispossess the petitioner from the agricultural assigned land in Sy. No. 362/P admeasuring Ac.0-72 cents in Narava Revenue village, Pendurthi Mandal, Visakhapatnam District pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. RAMANA ALLU Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.4859 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the notice under Section 7 of the Andhra Pradesh Land Encroachments Act, 1905 issued by the 3rd respondent dated 19.12.2025 alleging that the petitioner encroached upon the Ac.0.15 cents of land out of Ac.79.25 cents described as the Government land Poramboke, Revalla Cheruvu in Sy.No.362 of Narava Village. 3. The learned counsel for the petitioner submits that pursuant to the same, he has submitted explanation dated 03.01.2026, but the same is not considered and the 3rd respondent is threatening to proceed highhandedly. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the explanation of the petitioner would be considered by following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit additional explanation, if any, enclosing all the necessary documents, in support of his claim to the above said notice of the 3rd respondent dated 19.12.2025 within a period of four (04) weeks from the date of receipt of this order. On receipt of such additional explanation, if any, from the petitioner, the 3rd respondent is directed to proceed with the necessary enquiry, pursuant to the above said notice dated 19.12.2025, strictly in 4 BKM,J W.P.No.4859 of 2026 accordance with law, by hearing all the parties concerned, including the petitioner, 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. 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 encroachment alleged, as detailed in the above said notice of the 3rd respondent dated 19.12.2025. 6. 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 20.02.2026 PGT