APHC010099482026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] FRIDAY,THE TWENTY SEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5585/2026 Between: 1. ADUSUMALLI VENKATESWARLU, S/O. PENCHALAIAH, AGED ABOUT 46 YEARS, R/O. MOLAKALAKUNDIA VILLAGE, SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. 2. ADUSUMALLI RAVICHANDRA, S/O. PENCHALAIAH, AGED ABOUT 51 YEARS, R/O. MOLAKALAKUNDIA VILLAGE SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT. 4. THE TAHSILDAR, SYDAPURAM MANDAL, SPSR NELLORE DISTRICT. ...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 of mandamus or any other appropriate writ or direction declaring the action of the 4th respondent in initiating eviction 2 BKM,J W.P.No.5585 of 2026 proceedings by issuing notices u/s 7 of AP Land Encroachment Act, 1905 dated 12.01.2026 and passing orders u/s 6 of the AP Land Encroachment Act, 1905 vide proceedings in Rc.B.655/2025 dated 16.02.2026 and Orders dt.07.02.2026 and not passing Orders by the 3rd respondent in the stay application filed along with the appeal in Rc.No.310/E/2026, dt.18.02.2026 as illegal, arbitrary, against principals of natural justice, one without jurisdiction and in violation of Article 300-A of the Constitution of India and consequently set aside the Notices dt.12.01.2026 and 16.02.2026 and proceedings, dt.07.02.2026 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 may be pleased to direct the respondent authorities not to interfere with the possession of the petitioners by suspending the orders of the 4rt respondent in Rc.B.No.655/2025, dt.16.02.2026 with respect to the land of an extent Ac.3.00 cents each in Sy.No.857 of Molakalakundia village, Sydapuram Mandal, SPSR Nellore District, during pendency of the Writ petition and pass Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5585 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 action of the 3rd respondent in not disposing of the stay application filed in the appeal preferred by the petitioners separately against the orders of the 4th respondent dated 16.02.2026. 3. The learned counsel for the petitioners submits that the matter arises under the A.P.Land Encroachment Act, 1905 and the explanations of the petitioners dated 14.01.2026 were not considered pursuant to the notice of the 4th respondent dated 12.01.2026 under the A.P.Land Encroachment Act, 1905. Since the orders were passed under Sections 6 & 7 of the A.P.Land Encroachment Act III of 1905 by the 4th respondent dated 16.02.2026, aggrieved by the same, appeals were preferred by the petitioners before the 3rd respondent in Rc.No 310/E/2026 and notices were received for hearing of the stay application from the 3rd respondent dated 18.02.2026. Though the appeal time is available to be preferred within sixty (60) days, the petitioners preferred the same immediately on 18.02.2026 and the stay application has not been considered so far, as the impugned order of the 4th respondent dated 16.02.2026 contemplates the eviction of the alleged encroachment of the land within 48 hours from the date of service of the said notice which is prejudicial 4 BKM,J W.P.No.5585 of 2026 and causing hardship and if it is executed before consideration of the appeals, the same would become infructuous, burying the rights of the parties. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the stay application will be considered by the 3rd respondent as expeditiously as possible. 5. In view of the above said facts and circumstances, pending consideration of the stay applications of the petitioners in the above said appeals pending before the 3rd respondent, if not already disposed of by now, there shall be an order of status quo as on today to be maintained with respect to the subject lands of the alleged encroachment as detailed and covered in the above said notice of the 4th respondent dated 16.02.2026 and the appeals pending before the 3rd respondent in Rc.No.310/E/2026 dated 18.02.2026. Not withstanding the grant of the limited interim relief by this Court in this writ petition, the 3rd respondent shall consider the stay applications as well as the appeals pending before it strictly in accordance with law on their own merits. 6. Accordingly, this writ petition is disposed of. The 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 27.02.2026 RMD 5 BKM,J W.P.No.5585 of 2026 125 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5585/2026 27.02.2026 RMD