APHC010118492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6506/2026 Between: 1. SHAIK KHAJA MOHIDDIN, S/O LATE KHADAR BABA, AGED ABOUT 44 YEARS, R/O D.NO.36-92-7, KAMAKSHI NAGAR, KANCHARLAPALEM, VISAKHAPATNAM DISTRICT -530008 2. SHAIK JAHANARA KHATHOON,, W/O KHAJA MOHAMMED AGED ABOUT 37 YEARS, R/O D.NO.36-92-7, KAMAKSHI NAGAR, KANCHARLAPALEM, VISAKHAPATNAM DISTRICT-530008 . ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT- 522238 2. THE GREATER VISAKHAPATNAM MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, VISAKHAPATNAM, ANDHRA PRADESH-530003 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT ANDHRA PRADESH -530002 4. THE REVENUE DIVISIONAL OFFICER, REVENUE DIVISION, VISAKHAPATNAM, ANDHRA PRADESH 530002 5. THE TAHSILDAR, GOPLAPATNAM MANDAL VISAKHAPATNAM DISTRICT, ANDHRA PRADESH 530003 2 BKM,J W.P.No.6506 of 2026 ...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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the notice to the petitioner's U/s 6 of A.P. Land Encroachment Act 1905, issued by the 5th respondent vide proceedings in Rc.No.568/2023/A, dt.06.02.2026 in Sy.No.28 land to an extent of Ac.0.43 cents situated at Kapparada Village, Gopalapatnam Mandal, Visakhapatnam which is illegal, irregular, arbitrary and unconstitutional against principles of natural justice, contra to the violation of Articles 14, 19 (1), 21, 300-A of the Constitution of India and consequently set aside the same 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 to direct the respondent No.5 not to disturb the petitioners physical possession and enjoyment in Sy.No.28 to an extent of Ac.0.43 cts situated at Kapparada Village, Gopalapatnam Mandal, Visakhapatnam pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. V KUMAR RAJU GEDDAM Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP MUNCIPAL ADMN AND URBAN DEV AP 3 BKM,J W.P.No.6506 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.3 to 5, the learned Standing Counsel for the 2nd respondent and the learned Assistant Government Pleader for Municipal Administration for the 1st respondent. 2. This writ petition is filed questioning the order of the 5th respondent dated 06.02.2026 passed under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. 3. The learned counsel for the petitioners submits that though the petitioners has got the appeal time of 60 days against the impugned order of the 5th respondent dated 06.02.2026, the said original authority granted only 2 days time to remove the alleged encroachments as detailed in the said order. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.3 to 5 submits that the petitioners can avail the alternative remedy of appeal before the 4th respondent and if so made, the same will be considered, following the due procedure. 5. In view of the above said facts and circumstances, the petitioners are permitted to prefer an appeal against the impugned order of the 5th respondent dated 06.02.2026 before the 4th respondent, by enclosing all the necessary documents in support of their claim within the period of limitation 4 BKM,J W.P.No.6506 of 2026 and if so preferred, the said Appellate Authority shall consider and dispose of the same, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land of the alleged encroachment, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of four (04) months thereafter. Till filing of the above said appeal by the petitioners, within the period of limitation only, 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 impugned order of the 5th respondent dated 06.02.2026. If any interim relief is required in the above said appeal, to be filed, the petitioners can seek the same before the said Appellate Authority and if so made, the same shall be considered on its own merits. 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 09.03.2026 PGT