APHC010115642026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE FIFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6200/2026 Between: 1. M. JAYAMMA,, W/O. LATE. M. MOHAN, AGED ABOUT 73 YEARS, OCC HOUSE WIFE, R/0.D.N0.1-618-A, PATEL ROAD, WARD NO.2 MADANAPALLE TOWN, ANNAMAYYA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT BUILDING, VELAGAPUDI AMARAVATHI. 2. THE SUBCOLLECTOR, MANADANAPALLE MADANAPALLE TOWN, CHITTOOR, (ANNAMAYYA) DISTRICT. 3. THE TAHSILDAR, M.R.O. OFFICE, MADANAPALLE, CHITTOOR (ANNAMAYYA) 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 tomay be pleased to issue a writ or order or direction more particularly one in nature of Mandamus declaring the action of the 3rd respondent in seeking to dispossess as from the possession of the property of the land admeasuring Ac.0.02 cents, situated at Survey.No.229/1C, B.K Palle Revenue Village, Madanapalle Town and Mandal, presently Annamayya District (old Chittoor District), bearing Door.No. 1-618/A as illegal, arbitrary, ultravirus, unconstitutional, violative of Article 14 and 21 of 2 BKM,J W.P.No.6200 of 2026 Constitution of India and consequently direct the 3 respondent not to take any coercive steps for dispossessing the Petitioner from the possession of the property, pending disposal of the Appeal before the 2nd respondent in A.S.No. 104/2026, filed against the impugned orders Dt.31.01.2026 passed vide Ref.No.A/168/2025/E-31817/2026 and pass such 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 Counsel for the Petitioner: 1. N PRAMOD Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.6200 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 action of the 2nd respondent in non-disposal of the appeal No.104 of 2026 preferred against the order of the 3rd respondent dated 31.01.2026 under the provisions of Andhra Pradesh Land Encroachment Act, 1905. 3. The learned counsel for the petitioner submits that the interim application filed in the above said appeal by the petitioner was not considered by the 2nd respondent though there was a protection given for the subject land by way of a common order passed by this Court in W.P.No.38223 of 2017 and 34687 of 2015 dated 25.07.2022. The relevant portion of the said order is as under: “Therefore, for all the above reasons, the present W.P.No.38223 of 2017 is allowed. There shall be a direction to the respondent Nos. 1 to 5 not to take any coercive steps or high handed steps for forcible demolition or eviction of the petitioner with regard to house bearing Dr.No.1-618/A constructed in an extent of Ac.0.02 cents in Sy.No.229/1C. If any action is to be taken for demolition of the house or for eviction of the petitioner from the above mentioned land in Sy.No.229/1C, the respondents shall have to strictly follow the due process of law.” 4 BKM,J W.P.No.6200 of 2026 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the 2nd respondent will consider the appeal of the petitioner, following the due procedure. 5. In view of the above said facts and circumstances, the 2nd respondent is directed to consider and dispose of the appeal pending before it bearing No.104 of 2026 against the order of the 3rd respondent dated 31.01.2026, 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 four (04) months from the date of receipt of this order. Pending the above said appeal before the 2nd respondent, there shall be an order of status quo as on today to be maintained with respect to the subject land covered under the above said order of the 3rd respondent dated 31.01.2026. 6. 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 05.03.2026 PGT