APHC010110162026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY, THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5924/2026 Between: 1. MEKALA NAGASESULU, S/O CHINNA MUSALAPPA, AGED ABOUT 65 YEARS, OCCUPATION AGRICULTURE, R/O D.NO. 3-95, GUNAKANAPALLI VILLAGE, LINGALA MANDAL, YSR KADAPA DISTRICT - 516 396, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, AMARAVATI, ANDHRA PRADESH. 522228 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA, ANDHRA PRADESH 516001 3. THE REVENUE DIVISIONAL OFFICER, PULIVENDULA REVENUE DIVISION, YSR KADAPA DISTRICT, ANDHRA PRADESH 516390. 4. THE TAHSILDAR, LINGALA MANDAL, YSR KADAPA DISTRICT, ANDHRA PRADESH 516396 ...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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the impugned notice issued by the 4th respondent bearing Ref.No.B/420/2025 dt. 2.2.2026 for eviction of the petitioner from the land admeasuring Ac. 0.01 cent in Sy.No. 320 situated at 2 BKM,J W.P.No.5924 of 2026 Gunakanapalli village, Lingala Mandal, YSR Kadapa District wherein a borewell is existing, without affording reasonable opportunity of being heard, as being illegal, arbitrary, unjust, unilateral and unconstitutional land consequently set aside the same, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case. 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 to grant stay of all further proceedings pursuant to the impugned notice issued by the 4th respondent bearing Ref.No.B/420/2025 dt. 2.2.2026 including removal of the bore well existing in the land admeasuring Ac. 0.01 cent in Sy.No. 320 situated at Gunakanapalli village, Lingala Mandal, YSR Kadapa District, pending disposal of this Writ Petition, and to pass Counsel for the Petitioner: 1. K MOHAN RAMI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5924 of 2026 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This Writ Petition is filed questioning the notice issued under section 6 of A.P Land Encroachment Act, 1905 by the 4th respondent dated 02.02.2026 on the ground that the petitioner illegally occupied the government land by fixing the bore well in an extent of Ac.0.01 cents out of Ac.1.32 cents in Sy.No.320 of Gunakanapalli Village, Lingala Mandal, YSR Kadapa District. 3. The counsel for the petitioner submits that, earlier the 4th respondent issued notice under section 7 of A.P Land Acquisition Act, 1905 alleging that the above said illegal encroachment of the subject land as detailed in the said notice dated 23.06.2025. For which, the petitioner submitted his explanation on the same day, but the same was not considered and finally the said above impugned notice was passed by the 4th respondent dated 02.02.2026. Aggrieved by the same, this Writ Petition is filed. 4. On the other hand the learned Assistant Government Pleader submits that the explanation of the petitioner would be considered by the 4th respondent by following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit his additional explanation, if any, enclosing all the necessary documents in support of his claim within a period of four (04) weeks, from the date of receipt of this order to the above said impugned notice of the 4th respondent dated 23.06.2025 issued under section 7 of the A.P Land Encroachment Act, 1905. On receipt of such explanation from the petitioner if any, the 4th respondent shall proceed with the necessary enquiry strictly in accordance with law, pursuant to the above said notice dated 23.06.2025 by the hearing all the parties concerned, including the petitioner, giving due opportunity upon verification of the records and the subject land, 4 BKM,J W.P.No.5924 of 2026 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 alleged subject land of encroachment as detailed in the above said impugned notice dated 02.02.2026. For the purpose of conducting the above said enquiry by the 4th respondent, as directed above, the impugned proceedings of the 4th respondent dated 02.02.2026 is set aside herewith. Un-influenced by the same, the above said enquiry shall be conducted and fresh order shall be passed. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Miscellaneous Petitions pending, if any, shall stand closed. ___________________________ JUSTICE B KRISHNA MOHAN 02.03.2026 CMK 5 BKM,J W.P.No.5924 of 2026 223 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5924/2026 02.03.2026 CMK