APHC010094462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Twenty Third day of February Two Thousand and Twenty Six Present The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 5178 of 2026 Between: Janni Radhamma ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. Veladi Sai Sri Harsha Counsel for the respondents: 1. G.P. for Forests The Court made the following: 2 W.P.No.5178 of 2026 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus declaring the action of respondent No.3 in issuing impugned notice vide Rc.No.23/2026, dated 19.02.2026 directing the petitioner to remove the construction in the land of the petitioner without issuing any show cause notice and without following due process of law even though subject land is ceased before competent civil Court vide O.S.No.28 of 2026 on the file of Principal Civil Judge (Junior Division) at Parvathipuram as arbitrary, illegal and violation of principles of natural justice and consequently set aside the impugned notice vide Rc.No.23/2026, dated 19.02.2026 issued by the respondent No.3 in the interest of justice...” 2. The case of the petitioner is briefly as follows: The petitioner had been granted patta in the year 2002 by the revenue officials in respect of the land in Sy.Nos.97-1, 163-4 and 143 to an extent of Ac.1.57 cents, Ac.0.24 cents and Ac.1.78 cents of Chintalapadu Village, Gummalakshmi Puram Mandal, Parvathipuram Manyam District respectively and since then she is in peaceful possession of the land. On 07.02.2026, the respondent No.3 issued a notice to the petitioner directing to remove the construction in the petitioner’s land on the ground that the land belongs to the forest department. The petitioner filed O.S.No.28 of 2026 on the file of the Principal Civil Judge (Junior Division), Parvathipuram against the respondents Nos.2 and 3 herein and summons were issued to the respondents Nos.2 and 3 on 17.02.2026. On 19.02.2026, the 3 W.P.No.5178 of 2026 respondent No.3 again issued another notice directing to remove the construction in petitioner’s land within one week from the date of receipt of the notice, without following due process of law. Hence, the writ petition was filed. 3. The learned counsel for the petitioner submitted that the impugned notice dated 19.02.2026 was issued giving seven days time for demolition of the structures in the land erroneously claimed by the forest department, though the petitioner has pattadar pass book and that a suit filed in this regard in O.S.No.28 of 2026 before the Court of the Principal Civil Judge (Junior Division), Parvathipuram filed against F.R.O., and D.F.O. concerned seeking permanent injunction is pending. He further submitted that without issuing show cause notice, the impugned notice was straightaway issued for demolition of the structures. 4. Ms.B.Sravani, learned Assistant Government Pleader for Forests placed on record a copy of written instructions of D.F.O., Parvathipuram Manyam District / respondent No.2 stating that the structures mentioned in the notice are located within forest area in compartment No.121 and that as per the directions of the Supreme Court dated 15.05.2025 in I.A.No.9108 of 2024 in W.P.(C).No.301 of 2008, special investigation teams shall be constituted by the states to examine the reserve forest lands and take steps for restoration of encroachments, if any. She further submitted that the petitioner does not have any D.K.T. patta and that the proposed construction is for running a wine shop which is clear from the photograph annexed to the written instructions. She further submitted that as per Section 20(3) of A.P. Forest Act, 1967, the authorities mentioned therein are empowered to evict a person from the forest or the land pertaining to which the contravention has taken place and remove any building or other construction on it, provided the officer concerned shall give an opportunity to the person affected to make 4 W.P.No.5178 of 2026 any representation against the action proposed. She further submitted that the G.P.S. pictures annexed to the written instructions clearly indicate that the location of the structure of the petitioner is within compartment No.121 of reserve forest area. 5. Under these circumstances, since the location of the structures of the petitioner is in dispute which can be resolved by due survey and as per Section 20(3) of the A.P. Forest Act, 1967, a notice of eviction or action for demolition contemplates a show cause providing opportunity of representation by the party likely to be aggrieved, whereas in the impugned notice, no opportunity was given for representation, this writ petition is disposed of treating the impugned notice as notice under Section 20(3) of the A.P. Forest Act, 1967 by giving liberty to the petitioner to submit a representation within 10 (ten) days from the date of receipt of the copy of this order, and on receipt of the representation, the concerned authority may proceed as per law. Till such action is taken, status quo of the property as on today shown in the annexed photographs shall be maintained by both the parties. 6. Meanwhile, a joint survey of the petitioner’s site, after giving notice to the petitioner, shall be conducted before taking any action of demolition or eviction. The revenue department and survey department shall cooperate for holding the joint survey. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. ___________________ ___ JUSTICE B.S. BHANUMATHI Dated: 23.02.2026 Note: Issue C.C. by 24.02.2026 b/o NSM 5 W.P.No.5178 of 2026 10 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 5178 of 2026 Dated: 23.02.2026 Note: Issue C.C. by 24.02.2026 b/o NSM