APHC010243462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 12793/2026 Between: 1. ADAPAKALA SHANKARA RAO, S/O. RAMA RAO, AGED ABOUT 37 YEARS, OCC SARPANCH AND MEMBER, TEMPLE COMMITTEE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 2. BARRI BALARAJU,, S/O. LATE JANARDHANA RAO, AGED ABOUT 38 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 3. BARRI SUNDARANARAYANA,, S/O. LATE CHINNODU, AGED ABOUT 83 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 4. ROUTHU SURYANARAYANA,, S/O. RAMULU , AGED ABOUT 83 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 5. SALLA LAKSHMANA RAO,, S/O. LATE GUNNAYYA, AGED ABOUT 40 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 6. BARRI VENKATARAMANA,, S/O. ANANDHA RAO, AGED ABOUT 38 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R 2 BKM,J W.P.No.12793 of 2026 COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 7. ORUGANTI SRIRAMULU,, S/O. SITA RAM, AGED ABOUT 39 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 8. ROUTHU ANANDARAO,, S/O. RAMULU, AGED ABOUT 83 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. 9. BARRI GOVINDARAO,, S/O. LATE KORAMAYYA, AGED ABOUT 50 YEARS, OCC AGRICULTURE, R/O. METTURU BIT-1 R AND R COLONY, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH-522238. 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM, ANDHRA PRADESH-532001. 3. THE REVENUE DIVISIONAL OFFICER, TEKKALI REVENUE DIVISION, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532201. 4. THE TAHSILDAR, KOTHUM MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532455. 5. THE PANCHAYAT SECRETARY, METTURU BIT-1 GRAM PANCHAYAT, NERADI REVENUE VILLAGE, KOTHURU MANDAL, SRIKAKULAM DISTRICT, ANDHRA PRADESH-532459. 6. THE SUPERINTENDING ENGINEER, WRD, BRR VAMSADHARA PROJECT CIRCLE, SRIKAKULAM-532185. 7. THE EXECUTIVE ENGINEER, WRD, BRR VAMSADHARA PROJECT, 3 BKM,J W.P.No.12793 of 2026 DIVISION I, AMADALAVALASA, SRIKAKULAM DISTRICT-532185. 8. THE DEPUTY EXECUTIVE ENGINEER, WRD, BRR VAMSADHARA PROJECT, SUB DIVISION IV, SRIKAKULAM-532185. ...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 action of the respondents, particularly respondent No.4, in attempting to demolish the Sri Shiva Anjaneya Temple situated in Sy.No.392/5B of Neradi Revenue Village, Metturu Bit-1 R and amp R Colony, Kothuru Mandal, pursuant to proceedings in Rc.No. 101/2026/C dated 18.04.2026, without considering the petitioners detailed reply dated 22.04.2026, without passing any reasoned order, without following the mandatory procedure contemplated under the A.P. Land Encroachment Act, 1905, and without granting reasonable opportunity to avail legal remedies, as illegal, arbitrary, unconstitutional and violative of Articles 14, 21, 25, 26 and 300-A of the Constitution of India, and consequently direct the respondents not to interfere with the peaceful existence of the said temple except by due process of law, 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 respondents not to take any coercive steps, including demolition, dispossession or interference with the Sri Shiva Anjaneya Temple situated in Sy.No.392/5B of Neradi Revenue Village, Metturu Bit-1 R & R Colony, Kothuru Mandal, pursuant to notice Rc.No.101/2026/C dated 18.04.2026, and pass Counsel for the Petitioner(S): 1. C SRINIVASA BABA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 4 BKM,J W.P.No.12793 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.1 to 4, the learned Standing Counsel for the 5th respondent and the learned Assistant Government Pleader for Irrigation for the respondent Nos.6 to 8. 2. This writ petition is filed questioning the order passed by the 4th respondent dated 18.04.2026 directing to evict the encroachment made by the villagers Sri Bari Balaraju, S/o Janardhan and others to an extent of Ac.0.14½ cents of Government land in Survey No. of Neradi Village of Kotturu Mandal, Strictly in accordance with law as per the orders of the Hon’ble Court. This order is purportedly have been issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. 3. The learned counsel for the petitioners submits that even after disposal of the W.P.No.21605 of 2025 dated 29.08.2025, the petitioners have not received any Section 7 notice said to have been issued either on 01.07.2025 or on 18.02.2026. The only notice received by the petitioners is dated 17.04.2026, said to have been issued under Section 6 of the Land Encroachment Act, 1905 (hereinafter referred as “the Act”). Soon after receiving the same, the detailed explanation was submitted by the petitioners dated 22.04.2026. Without giving due opportunity and without conducting any enquiry thereafter, deliberately by an anti date 18.04.2026, the 4th respondent issued the above said impugned order, which is contrary to law and facts. 5 BKM,J W.P.No.12793 of 2026 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 4 submits that the explanation of the petitioners dated 22.04.2026 will be considered by the said authority, following the due procedure. 5. In view of the above said facts and circumstances, the notice dated 17.04.2026 of the 4th respondent shall be treated as notice under Section 7 of the Act and by conducting necessary enquiry pursuant to the above said notice dated 17.04.2026, the 4th respondent shall consider the explanation of the petitioners dated 22.04.2026, strictly in accordance with law and all the parties concerned shall be heard, giving due opportunity, including the petitioners, the official respondents and others concerned, if any, 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 enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject land covered under the impugned order of the 4th respondent dated 18.04.2026. For the purpose of conducting the above said enquiry, the impugned order of the 4th respondent dated 18.04.2026 is set aside herewith and uninfluenced by the same, a fresh decision shall be taken by the 4th respondent on its own merits, upon hearing all the parties concerned as directed above. 6 BKM,J W.P.No.12793 of 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 05.05.2026 PGT