APHC010133292026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE TWELFTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7020/2026 Between: 1. BALLANKI RAJENDRA KUMAR, S/O.LATE SURYA RAO, AGED ABOUT 53 YEARS R/O.ADDATEEGALA VILLAGE AND MANDAL, POLAVARAM DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, POLAVARAM DISTRICT, RAMPACHODAVARAM. 3. THE REVENUE DIVISIONAL OFFICER, RAMPACHODAVARAM, POLAVARAM DISTRICT. 4. THE TAHSILDAR ADDATEEGALA MANDAL, ADDATEEGALA, POLAVARAM 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 topleased to issue an appropriate Writ, Order or Direction more particularly on in the nature of Writ of Mandamus declaring the Notices, dated 16-6-2025 issued by the Respondent No.4 viz., (1)Ref/B/22-21/2025 for Ac.0.005 in Sy.No.27, (2)Ref/B/22-22/202 5 for Ac.0.005 in Sy.No.27, (3)Ref/22-26/2025 for Ac.0.04 in Sy.No.30, (4)Ref/B/22-27/2025 for Ac.0.01 2 BKM,J W.P.No.7020 of 2026 cents in Sy.No.30, (5)Ref/B/22- 88/2025 for Ac.0.003 in Sy.No.16 and (5)Ref/B/22-90/2025 for Ac.0.02 in Sy.No.17 respectively situated at Addateegala Village, under section 6 of the Andhra Pradesh Land Encroachment Act, 1905 whereby ordered the Petitioner to vacate the said lands within 48 hours, and threatening the demolish the Petitioner's subject properties covered by the Notice dated 16-6-2025 issued by the Respondent No.4, as arbitrary, illegal, unconstitutional, against principles of natural justice, and contrary to the provisions of Andhra Pradesh Land Encroachment Act, 1905 and to 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 demolish the Petitioner’s properties covered by the Notices dated 16- 6-2025 issued by the Respondent No.4/Tahsildar, Addateegala viz., (1)Ref/B/22-21/2025 for Ac.0.005 in Sy.No.27, (2)Ref/B/22-22/202 5 for Ac.0.005 in Sy.No.27, (3)Ref/22-26/2025 for Ac.0.04 in Sy.No.30, (4)Ref/B/22-27/2025 for Ac.0.01 cents in Sy.No.30, (5)Ref/B/22- 88/2025 for Ac.0.003 in Sy.No.16 and (5)Ref/B/22-90/2025 for Ac.0.02 in Sy.No.17 respectively situated at Addateegala Village and Mandal, Polavaram District, pending disposal of the above writ petition, and to pass Counsel for the Petitioner: 1. BOLLA VENKATA RAMA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.7020 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 notice issued by the 4th respondent dated 16.06.2025 in respect of the subject land on alleged encroachments, as detailed in the schedule of the each notice under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. 3. The learned counsel for the petitioner submits that under the impugned notice of the 4th respondent dated 16.06.2025, the petitioner is asked to vacate the subject land as detailed thereunder within 48 hours from the date of service of the notice, without conducting any due enquiry and without issuing any Section – 7 notice under the said Andhra Pradesh Land Encroachment Act, 1905. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondent submits that the 4th respondent will issue appropriate notice in accordance with law. 5. In view of the above said facts and circumstance, since the reading of the impugned notice of the 4th respondent dated 16.06.2025 issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 does not indicate any enquiry conducted or any issuance of notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, there is an infirmity committed by the respondent authority concerned in initiating the legal action. 4 BKM,J W.P.No.7020 of 2026 Hence the impugned notices of the 4th respondent dated 16.06.2025 issued to the petitioner with respect to the above said subject lands of encroachments, if any, as detailed in the above said schedule of the each notice of the 4th respondent are set aside herewith, giving due opportunity to initiate fresh proceedings in accordance with law, if so warranted for any public purpose. 6. Accordingly, this writ petition is allowed. The 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 12.03.2026 RMD 5 BKM,J W.P.No.7020 of 2026 274 THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7020/2026 12.03.2026 RMD