APHC010109662026 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: 5905/2026 Between: 1. PYDAKALA BABU,, S/O.NARSA RAMAIAH, AGED ABOUT 51 YEARS, OCC AGRICULTURE, R/O.EDIGAPALLI VILLAGE, CHITVEL MANDAL, TIRUPATHI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR. 2. THE DISTRICT COLLECTOR, TIRUPATHI, TIRUPATHI DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATHI DIVISION, TIRUPATHI DISTRICT. 4. THE TAHSILDAR, CHITVEL MANDAL, TIRUPATHI 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 to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the Impugned Endorsement Ref.No.B/35/2026, dated 24-02- 2026 and the Consequential Notice U/sec.6 of the Land Acquisition Act, 1905 vide Ref.No.B/35/2026, dated 24-02- 2026 issued by the 4th Respondent directing the Petitioner to vacate the land extent Ac.2-00 cents situated in Sy.No. 1592/3 of Malemarpuram Revenue Village, Chitvel Mandal, Tirupathi District without conducting the enquiry in 2 BKM,J W.P.No.5905 of 2026 pursuant to the Notice issued U/sec.7 of the AP Land Encroachment Act even in spite of the Petitioner submitted the Explanation and disputing the allegation and invoking the summery enquiry for eviction of the Petitioner even in spite of establishing the long standing possession over the land as arbitrary, illegal. Violation of Principles of natural justice and violation of Article 14, 21 and 300A of Constitution of India and consequently set aside the Impugned Endorsement Ref.No.B/35/2026, dated 24-02- 2026 and the Consequential Notice U/sec.6 of the Land Acquisition Act, 1905 vide Ref.No.B/35/2026, dated 24-02- 2026 issued by the 4th Respondent in the interest of justice. 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 suspend the Impugned Endorsement Ref.No.B/35/2026, dated 24-02-2026 and the Consequential Notice U/sec.6 of the Land Acquisition Act, 1905 vide Ref.No.B/35/2026, dated 24-02-2026 pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.5905 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 the Land Acquisition Act, 1905 by the respondent No.4 dated 24.02.2026, directing the petitioner to vacate the subject land within 4 days from the date of receipt of the said notice on or before 27.02.2026. 3. The learned counsel for the petitioner submits that the petitioner has got a remedy of appeal against the said impugned order of the respondent No.4 dated 24.02.2026 before the respondent No.3 to be preferred within 60 days from the date of receipt of the said order. But under the impugned order before the respondent No.3 directed to vacate the subject land as in that it is an encroachment within 4 days on or before 27.02.2026 which is contrary to law. 4. On the other hand learned Assistant Government Pleader appearing for the respondents submits that the petitioner has got an effective alternative remedy of appeal before the respondent No.3 against the impugned order passed by the respondent No.4. 5. In view of the above said facts and circumstances, the petitioner is permitted to prefer an appeal before the respondent No.3 within the stipulated time against the orders of the respondent No.4 dated 24.02.2026 without fail, if so aggrieved and if so advised. In case of filing such appeal by the 4 BKM,J W.P.No.5905 of 2026 petitioner, the same shall be considered and disposed of strictly in accordance with law by the respondent No.3, by hearing all the parties concerned, including the petitioner giving due opportunity, upon verification of records and the subject land, appropriate orders shall be passed on its own merits as expeditiously as possible preferably within a period of four (04) months thereafter. 6. Pending filing of the above said proposed appeal by the petitioner within the limitation period as directed above, there shall be an order of status quo as on today to be maintained with respect to the subject land of encroachment covered in the impugned order of the respondent No.4 dated 24.02.2026. Any interim relief required further pending the appeal, the same shall be moved before the appellate authority concerned and the said authority shall consider the same, strictly on its own merits, following the due procedure. In default of preferring an appeal by the petitioner as directed above, within the above said limitation period, the interim protection granted by this Court stands automatically vacated. 7. 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.5905 of 2026 221 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5905/2026 Dated : 02.03.2026 CMK