APHC010122792026 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: 6603/2026 Between: 1. UDAYAGIRI VENKATAIAH, S/O. VENKATESWARLU, AGED ABOUT 54 YEARS, BILLAPADU VILLAGE, NAGULAVELLATUR POST, CHEJERLA MANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH. 2. ADIREDDY CHINNAIAH., S/O.NARASAIAH. AGED ABOUT 55 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLA MANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE, 3. PALLALA ANKAIAH., S/O. BAKKAIAH, AGED ABOUT 67 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLA MANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE 4. GAJJA CHENCHU RAMAIAH., S/O.RAMAIAH, AGED ABOUT 59 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLA MANDAL, S.P.S.R. NELLORE DISTRICT. ANDHRA PRADESH STATE. 5. GAJJA CHINNA CHENCHAIAH, S/O. GAJJACHENCHAIAH, AGED ABOUT 67 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLA MANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE 6. GAJJA CHENCHAIAH @ GUNDAIAH,, S/O.GAJJACHENCHAIAH, AGED ABOUT 66 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLAMANDAL, S.P.S.R. NELLORE 2 HBKM,J W.P.No.6603 of 2026 DISTRICT, ANDHRA PRADESH STATE, 7. AADHIREDDY CHINNA MASTHANREDDY,, S/O. AADHIREDDY MASTHANREDDY, AGED ABOUT 51 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLAMANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE, 8. ADIREDDY VENKATAIAH, S/O. ADIREDDY NARASAIAH, AGED ABOUT 54 YEARS, BILLAPADU, VILLAGE, NAGULAVELLATUR POST, CHEJERLD MANDAL, S.P.S.R. NELLORE DISTRICT, ANDHRA PRADESH STATE ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH STATE - 522238 2. THE DISTRICT COLLECTOR, NELLORE TOWN, S.P.S.R NELLORE DISTRICT - 524001 3. THE REVENUE DIVISIONAL OFFICER, ATAMAKURU TOWN, S.P.S.R NELLORE DISTRICT - 524322. 4. THE TAHSILDAR, CHEJERLAMANDAL, S.P.S.R.NELLORE DISTRICT 524341. ...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 declaring the proceedings dated 02.02.2026 issued under Section 6-A of the A.P. Land Encroachment Act pursuant to Rc.No. RP.B.293/2025 dated 02-02-2026 directing eviction of the petitioners from the lands agricultural lands situated at Billapadu Village, Chejerla Mandal, SPSR Nellore District, in Sy.No. 139-2 to an extent of Ac.3.34 cents Sy.Nos. 132-7, 131-7 and 134-4 to an extent of Ac.2.16 cents Sy.Nos. 131-3, 130-3 and 134- 1 to an extent of Ac. 1.86 cents Sy.Nos. 130-2, 131-2, 129-1 and 137 to an extent of Ac. 1.80 cents Sy.Nos. 132-7 and 131-5 to an extent of Ac.1.17 3 HBKM,J W.P.No.6603 of 2026 cents Sy.Nos. 131-6 and 134-3 to an extent of Ac.3.41 cents Sy.Nos. 131-4, 130-4 and 134-2 to an extent of Ac. 1.03 cents Sy.No.132-6 to an extent of Ac.3.01 cents, as illegal, arbitrary and unconstitutional and set aside the same and consequently direct the respondents not to dispossess the petitioners and to pass orders. 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 pass orders. Counsel for the Petitioner(S): 1. C VAMSI KRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE 4 HBKM,J W.P.No.6603 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader appearing for the respondents. 2. This writ petition is filed questioning the notice issued under Section 6-A of the A.P. Land Encroachment Act by the 4th respondent dated 02.02.2026 on the ground that the petitioners have illegally occupied by way of encroachment of Ac.180.00 in Sy.No.1 of Billupadu Village, Chejerla Mandal, SPSR Nellore District describing as Tippaporamboke. 3. The learned counsel for the petitioners submits that before this the Government has not issued any notice under Section 7 of the A.P. Land Encroachment Act and the written representation dated 21.02.2025 of the petitioners was also not considered by the 4th respondent before issuing the above said impugned notice dated 02.02.2026. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents relying upon the written instructions of the 4th respondent dated 08.03.2026 submits that the Section 7 notice was issued vide RP.B.293/2025 dated 18.12.2025, but no explanation was submitted by the petitioners for the same. Hence, the above said orders were passed by the 4th respondent dated 02.02.2026. 5. In view of the above facts and circumstances and upon reading of the impugned order of the 4th respondent dated 02.02.2026, it does not disclose 5 HBKM,J W.P.No.6603 of 2026 issuance of notice under Section 7 of the A.P. Land Encroachment Act and consideration of the explanation of the petitioners if any and it is straight away observed that the petitioners encroached upon the Government land as detailed therein and within seven (07) days they were asked to vacate the same. Hence, to follow the Principles of Natural Justice and compliance of the provisions of law, the 4th respondent is directed to issue notice under Section 7 of the A.P. Land Encroachment Act to the petitioners for the subject land of encroachment if any afresh and upon consideration of the explanation of the petitioners for the said notice giving due opportunity, the appropriate decision shall be taken by the 4th respondent afresh under Section 6 of the Act on it’s own merits. 6. For the said purpose, the impugned order of the 4th respondent dated 02.02.2026 is set aside herewith. The written instructions of the respondent No.4 dated 08.03.2026 shall be made as part of the Court record. 7. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 09.03.2026 RMR 6 HBKM,J W.P.No.6603 of 2026 218 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 6603 of 2026 09.03.2026 W RMR