APHC010094932026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5324/2026 Between: 1. GORLI VENKATA LAKSHMI, W/O. GORLI APPA RAO, AGED 52 YEARS, OCC HOUSE WIFE, R/O. D.NO.1-75, BATAJANGALAPALEM VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY - TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522238 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT AT ANAKAPALLI.531001 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI REVENUE DIVISION, ANAKAPALLI DISTRICT. 531001 4. THE TAHSIDLAR, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT. 531001 ...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 eviction Notice in Rc.No.35/2025/SA, dt.03.02.2026 issued under Section 7 of Andhra Pradesh Encroachment Act-Ill, 1905 by the 4rt respondent connected to petitioners 2 BKM,J W.P.No.5324 of 2026 RCC Building bearing house No.3-69, having assessment No.212313000367, admeasuring Ac. 0.02 cents in Sy.No.120 of Batajangalapalem Revenue village in Sabbavaram Mandal of Anakapalli District, thereby insisting her to vacate from such house property, without considering her Reply/Objections dated 16.02.2026, as illegal, irregular, arbitrarily, violative of principles of natural justice, without jurisdiction and violative of the provisions of Andhra Pradesh Land Encroachment Act, 1905 and offends articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to interfere with petitioners possession and enjoyment over her said residential building 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 eviction Notice in Rc.No.35/2025/SA, dt.03.02.2026 issued by the 4rt respondent under Section 7 of Andhra Pradesh Encroachment Act-Ill, 1905 and consequently direct the respondents not to interfere with petitioner’s RCC Building bearing house No.3-69, having assessment No.212313000367, admeasuring Ac. 0.02 cents in Sy.No.120 of Batajangalapalem Revenue village in Sabbavaram Mandal of Anakapalli District, pending disposal of the main Writ Petition and pass Counsel for the Petitioner: 1. ANANDA KUMAR VEJANDLA Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5324 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 issued by the 4th respondent dated 03.02.2026 alleging that the petitioner occupying by way of an encroachment of Ac.0.02 cents out of Ac.37.32 cents in Sy.No.120 described as Cheruvu/tank by constructing RCC Slab House in Batajagalapalem Village, Sabbavaram Mandal, Anakapalli District. 3. The learned counsel for the petitioner submits that the petitioner gave explanation to the above said notice before the 4th respondent dated 16.02.2026. 4. He further submits that the 4th respondent has no jurisdiction to issue such impunged notice dated 03.02.2026. The petitioner apprehends highhanded action of the 4th respondent without considering the petitioner’s explanation. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that it is only a notice issued by the 4th respondent and the explanation of the petitioner, if any, will be considered by the 4th respondent, following the due procedure. 6. In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation, if any, enclosing all the necessary 4 BKM,J W.P.No.5324 of 2026 documents, in support of her claim to the above said notice of the 4th respondent dated 03.02.2026 within a period of four (04) weeks from the date of receipt of this order. On receipt of such explanation from the petitioner, the 4th respondent shall proceed with the necessary enquiry, pursuant to the above said notice dated 03.02.2026, strictly in 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 as detailed in the above said notice of the 4th respondent dated 03.02.2026. 7. 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 24.02.2026 PGT