APHC010140312026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] MONDAY,THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7395/2026 Between: 1. VANKELA DIWAKARA RAO, S/O V.KAMESWARA RAO AGED. 37 YEARS, OCC. BUSINESS, R/O DOOR NO.3-141, GOPINADHAPURAM VILLAGE, TEKKALI MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP.BY ITS , PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238 2. DISTRICT COLLECTOR, SRIKAKULAM DISTRICT.532 001 3. REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT.532 001 4. TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT.532 001 5. MANDAL REVENUE INSPECTOR, O/O TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT.532 201 6. MANDAL SURVEYOR, O/O TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT.532 201 7. VILLAGE REVENUE OFFICER, SYAMASUNDARAPURAM VILLAGE, AKKAVARAM PANCHAYAT, TEKKALI MANDAL, SRIKAKULAM DISTRICT.532 201 2 BKM,J W.P.No.7395 of 2026 8. VILLAGE SURVEYOR, SYAMASUNDARAPURAM VILLAGE, AKKAVARAM PANCHAYAT, TEKKALI MANDAL, SRIKAKULAM DISTRICT.532 201 9. JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION FOR NATIONAL HIGHWAY -16, SRIKAKULAM, SRIKAKULAM DISTRICT.532 001 10. PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT (GQ), NHAI ENCLAVE, KM 2/8, NH-16, HANUMANTHAVAKA, VISAKHAPATNAM CITY, VISAKHAPATNAM DISTRICT - 530 040. ...RESPONDENT(S): Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. GP FOR LAND ACQUISITION 2. MUDUNURI ANAND KUMAR (SC FOR NHAI) 3 BKM,J W.P.No.7395 of 2026 The Court made the following Order: Heard the learned counsel for the petitioner, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 9 and Sri Mudunuri Anand Kumar, the learned Standing Counsel for the 10th respondent. 2. This writ petition is filed questioning the Eviction Proceedings dated 09.03.2026 in Rc.No.446/2025/A issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred as “the Act”) by the 4th respondent and directed the respondent Nos.5 to 8 to evict the petitioner from his vacant house site property bearing Plot Nos.6 and 7 admeasuring 192 square yards and Plot Nos.8, 9, 10, 11, 12 and 13 admeasuring 493.33 square yards in Survey No.251-18 situated in Syamasundarapuram Village in Akkavaram Gram Panchayat of Tekkali Mandal in Srikakulam District, without issuing Notice under Section 7 of the Act, without conducting enquiry, without considering explanation dated 21.02.2026, without conducting survey, without examining the documents available on records and without passing speaking order. 3. 3. The learned counsel for the petitioner submits that though the petitioner gave specific representation dated 21.02.2026 to the 4th respondent about the non-issuance of notices under Section 7 and 6 of the Act, without considering the same, the impugned eviction proceedings dated 09.03.2026 was issued by the 4th respondent under Section 6 and 7 of the Act. 4 BKM,J W.P.No.7395 of 2026 4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 16.03.2026 submits that the Tahsildar, Tekkali being the custodian of the Government land issued speaking orders dated 09.03.2026 directing the executive staff to remove the encroachment over an extent of Ac.0.17 cents of the Government land in Sy.No.251-10B of Syamasundarapuram Village, Tekkali Mandal, in accordance with law and to take the said land into the Government possession. The petitioner has not yet been evicted from the subject land and the eviction process will be carried out strictly in accordance with the due procedure. 5. He further submits that the notice under Section 7 of the Act dated 29.12.2025 was issued duly calling upon the encroacher to submit an explanation. 6. In reply, the learned counsel for the petitioner submits that the Section 7 notice referred by the Tahsildar in the said instructions is not pertaining to this petitioner for the subject land. In reply, he further reiterates that the notices referred in the impugned proceedings dated 29.12.2025 in the impugned proceedings of the 4th respondent dated 09.03.2026 does not belong to the petitioner for the subject land and the notice dated 17.02.2026, which was referred is only for calling for attendants hearing of Section 6 proceedings under the Act. But strictly it is not preceded by Section 7 notice for the subject land. 5 BKM,J W.P.No.7395 of 2026 7. In view of the above said facts and circumstances, the 4th respondent is directed to conduct de-novo enquiry by issuing the notice afresh under Section 7 of the Act, specifically for the subject land addressing to the petitioner, if there is an encroachment by following the due procedure. In case of issuance of such Section 7 notice, the petitioner shall submit his explanation, enclosing all the necessary documents in support of his claim to the said notice. On receipt of such explanation from the petitioner, the 4th respondent shall proceed with the necessary enquiry pursuant to the above said notice 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 it’s own merits. For the conducting of the above said enquiry, the impugned notice issued under Section 6 of the Act dated 09.03.2026 is set aside herewith. It is open for the 10th respondent to participate in the said enquiry proceedings if they are relevant to protect their interest. Pending the above said initiation of proceedings and enquiry, there shall not be any causing of obstruction for ingress and egress over the subject land if it is in enjoyment as of now. The written instructions of the 4th respondent dated 16.03.2026 shall be made as part of the Court record. 8. Accordingly, this Writ Petition is disposed of. Interim order if any deemed to have been vacated. There shall be no order as to costs. 6 BKM,J W.P.No.7395 of 2026 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 23.03.2026 PGT