APHC010094122026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWENTY SIXTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5629/2026 Between: 1. DONEPAILI VENKATA RAJINI, W/O. DONEPAILI DURGARAO, AGED ADBOUT 40 YEARS, R/0 H/NO 3-26 .KONDREDDI NAGAR, AMBERPETA, BHIMADOLE, WEST GODAVARI, ELURU,ANDHRA PRADESH - 534401. 2. DONEPAILI GANGARATNAM@ GANGAMMA, W/O. DONEPAILI SURIBABU, AGED ADBOUT 62 YEARS, R/0 3-26, KONDREDDI NAGAR, AMBERPETA,BHIMADOLE, WEST GODAVARI, ELURU , ANDHRA PRADESH - 534401. 3. . DONEPAILI BHANU, W/O DONEPAILI NARSHIMAHA RAO, AGED ADBOUT 71 YEARS, R/0 H/NO 3-25A ,KONDREDDI NAGAR, AMBERPETA, BHIMADOLE, WEST GODAVARI, ELURU , ANDHRA PRADESH - 534401. 4. DONEPAILI RAMADEVI, W/O.DONEPAILI SANJEEVARAO, AGED ADBOUT 61 YEARS, R/O KONDREDDI NAGAR, AMBERPETA,BHIMADOLE, WEST GODAVARI, ELURU , ANDHRA PRADESH - 534401. 5. DONEPAILI MAHALAKSHMI, W/O.DONEPAILI SOMARAJU, AGED ADBOUT 40 YEARS, R/O KONDREDDI NAGAR, AMBERPETA,BHIMADOLE, WEST GODAVARI,ELURU , ANDHRA PRADESH - 534401 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE (ASSIGNMENTS) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2 HBKM,J W.P.No.5629 of 2026 ANDHRA PRADESH.522237 2. THE DISTRICT COLLECTOR, ELURU ,ELURU DISTRICT, ANDHRA PRADESH.534006 3. THE REVENUE DIVISIONAL OFFICER, ELURU ,ELURU DISTRICT. ANDHRA PRADESH.534006 4. THE THASILDAR, BHIMADOLE MANDAL,BHIMADOLE, ELURU DISTRICT, ANDHRA PRADESH.534425. ...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 writ, order or direction more particularly one in the nature of Writ oT Mandamus Declaring action of the 4th respondent in passing the eviction orders against the petitioners in an extent of Ac 1.02cents in R.S.No.360/1,in an extent of of Ac.3.24 cents in R.S.No. 360/2 and in an extent of Ac.2.06cents in R.S.No 362/3 situated at Amberpeta village , Bhimadole Mandalvideproceedings Roc.No.281(e-102712)/2024/A dt.02.02.2026 is illegal, void-ab-into , against the principles of natural justice and violative of article 14, 21 and 300A constitution of India , consequently set aside the same 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 eviction proceedings passed by the 4th respondent vide Roc.No.281(e- 102712)/2024/A dt.02.02.2026 against the petitioners in an extent of Ac. 1.02cents in R.S.No.360/1,in an extent of of Ac.3.24 cents in R.S.No. 360/2 and in an extent of Ac.2.06cents in R.S.No 362/3 situated at Amberpeta village , Bhimadole Mandal pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. S APPADHARA REDDY Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT 3 HBKM,J W.P.No.5629 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This writ petition is filed questioning the order of the 4th respondent dated 02.02.2026, directing the Mandal Revenue Inspector, to conduct panchanama in coordination with the Mandal Surveyor, Bhimadole to take possession of the subject land for keeping it in the safe custody of VRO. 3. The learned counsel for the petitioners submits that with respect to the subject land, the 4th respondent issued notice under Section 7 of the A.P.Land Encroachment Act, 1905 dated 06.01.2026 and without considering the representations, notice under Section 6 of the A.P.Land Encroachment Act, 1905 was issued against the petitioners, dated 20.01.2026 and consequently the above said impugned order was passed by the 4th respondent, dated 02.02.2026. 4. On the other hand the learned Assistant Government Pleader for the respondents submits that, by following the due procedure under Sections 6 & 7 of the A.P.Land Encroachment Act, 1905 only, the 4th respondent issued the above said impugned order dated 02.02.2026. The subject land is a Government land i.e., Gayallu and it is required for allotment to APIIC to establish the MSMEP park. 5. In view of the above said facts and circumstances, as the impugned order of the 4th respondent, dated 02.02.2026, discloses that the petitioners 4 HBKM,J W.P.No.5629 of 2026 did not turn up pursuant to the notice issued under Section 7 of the A.P.Land Encroachment Act, dated 06.01.2026, it appears that the proceedings under Section 6 and the above said orders were issued by the 4th respondent dated 20.01.2026 and 02.02.2026 respectively. Ultimately, as the petitioners had no opportunity to participate in the enquiry, to enable them for the said purpose, the petitioners are directed to submit their explanation enclosing all the necessary documents in support of their claim to the above said notice issued under Section 7 of the A.P.Land Encroachment Act, 1905 , dated 06.01.2026 within a period of two (02) weeks from the date of receipt of this order. On receipt of such explanation from the petitioners, the 4th respondent is directed to proceed with the necessary enquiry strictly in accordance with law, pursuant to the above said notice dated 06.01.2026, by hearing all the parties concerned including the petitioners, 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 two (02) months thereafter. Pending the enquiry, there shall be an order of Status quo as on today to be maintained with respect to the subject lands only in respect of the Survey Nos. 1, 2 and 8 mentioned in the above said order of the 4th respondent dated 02.02.2026 and in respect of the petitioners only. For the purpose of conducting the above said enquiry, the notice under Section 6 of the A.P.Land Encroachment Act, 1905 dated 20.01.2026 and order of the 4th respondent 02.02.2026 are set aside herewith. 5 HBKM,J W.P.No.5629 of 2026 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 26.02.2026 RMD 60 6 HBKM,J W.P.No.5629 of 2026 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5629/2026 26.02.2026 RMD