APHC010110942026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] SATURDAY,THE SEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6230/2026 Between: 1. SYED AZEEMUNISSA, W/O LATE SYED NIZAMUDDIN, AGED ABOUT 68 YEARS, OCC HOMEMAKER, R/O DOOR NO. 7/404-1-2, NARASA, RAMAIAH STREET MOCHAMPETA, KADAPA, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE STATE SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT, ANDHRA PRADESH. 522 238 2. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA, ANDHRA PRADESH 516 001 3. THE TAHSILDAR, YSR KADAPA DISTRICT, ANDHRA PRADESH. 516 001 4. SRI VIGNESWARA ABHAYANJANEYA SAINATHA ALAYA NIRVAHANA AND ABHIVRUDDHI COMMITTEE, (TEMPLE MAINTENANCE DEVELOPMENT COMMITTEE) REPRESENTED BY ITS GENERAL SECRETARY, POSA RAMASWAMY, S/O LATE SUBBARAYAUDU, AGED ABOUT 53 YEARS, R/O 8/731, ALMASPET, YSR KADAPA, ANDHRA PRADESH. 516 001 5. POSA RAMASWAMY, S/O LATE SUBBARAYAUDU AGED ABOUT 53 YEARS, R/O 8/731, ALMASPET, YSR KADAPA, ANDHRA PRADESH. 516 001 2 BKM,J W.P.No.6230 of 2026 6. NANDARAPU CHANDRA MOULI, S/O NANDARAPU SUBBARAMAIAH, AGED ABOUT 41 YEARS, OCC SELF EMPLOYED, R/O D NO. 76/233-55, JAITRAYA TOWNSHIP, PARAMESWARA SCHOOL ROAD, RAMANJANEYA NAGAR, YSR KADAPA, ANDHRA PRADESH. 516 001 7. KALICHERLA GANESH BABU, S/O KALICHERLA RACHANNA, AGED ABOUT 44 YEARS, OCC EMPLOYEE, R/O D NO. 8/344, ALMASPET STREET, YSR KADAPA, ANDHRA PRADESH. 516 001 ...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 pass an order or a direction or a Writ, more specifically, a Writ in the nature of a Writ of Mandamus declaring the impugned proceedings bearing Ref.A/1608/2025 dated 29-12-2025 under Section 7 of the Land Encroachment Act, 1905 as illegal, arbitrary and without jurisdiction and opposed to settled law, especially against the ratio laid down by the Hon'ble Supreme Court in Govt of Andhra Pradesh v. Tummala Krishna Rao 1982 AIR 1081 apart from being violative of being violative of Petitioner's rights under Article 14 and 300-A of the Constitution of India and consequently set aside the impugned proceedings dated 29-12-2025 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 Pending adjudication of the above Writ Petition, it is further prayed that this Hon'ble Court may be pleased to direct the Respondents, especially the 3rd respondent Tahsildar to refrain from interfering with the peaceful possession of the subject property of the Petitioner hearing DKT HS No. 4706/1404 dated 25-07-1994 and pass such other order or orders as are deemed fit and proper in the circumstances of the case and in the interest of justice, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. A SRINATH Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.6230 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 respondent Nos.1 to 3. 2. The issuance of notices to the respondent Nos.4 to 7 is dispensed with as no prejudice would cause to them even if it is disposed of in their absence. 3. This writ petition is filed questioning the notice issued by the 3rd respondent dated 29.12.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that, the petitioner is in unauthorized occupation of the Government land in Sy.No.349 of Gudur Village, Kadapa Mandal. 4. The learned counsel for the petitioner submits that for the said notice, the petitioner submitted her explanation dated 08.01.2026, but there is no progress in the matter. However, there is a threat of highhanded action from the 3rd respondent with respect to the subject property. Hence, this writ petition. 5. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 3 submits that the explanation of the petitioner would be considered by the 3rd respondent, following the due procedure. 6. In view of the above said facts and circumstances, the petitioner is permitted to submit her additional explanation, if any, in continuation of the 4 BKM,J W.P.No.6230 of 2026 earlier explanation dated 08.01.2026, enclosing all the necessary documents in support of her claim to the above said notice of the 3rd respondent dated 29.12.2025 within a period of four (04) weeks from the date of receipt of this order. On receipt of such explanation from the petitioner, the 3rd respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 29.12.2025 strictly in accordance with law, by hearing all the parties concerned, including the petitioner, the unofficial respondent Nos.4 to 7 and the others concerned, 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 alleged encroachment covered under the impugned notice of the 3rd respondent dated 29.12.2025. 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 07.03.2026 PGT