APHC010143702026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 7865/2026 Between: 1. H. KRISHNA KUMARI,, W/O Y. SOMANNA, AGED ABOUT 63 YEARS, OCC. HOUSEWIFE R/O K.C. NILAYAM, INDIRAMMA HOUSE COLONY, NATTU, JOHARAPURAM, KURNOOL URBAN MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI - 522238 2. THE COLLECTOR AND DISTRICT MAGISTRATE, KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH - 518001 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL REVENUE DIVISION, KURNOOL DISTRICT - 518001 4. THE TAHSILDAR, KURNOOL URBAN MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH - 518001 ...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 a Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents more particularly respondent No. 4 in trying to evict me from my residential house situated in survey no. 68/2A1U an extent of Ac. 0.27 cents of Joharapuram 2 BKM,J W.P.No.7865 of 2026 Village, Kurnool Urban Mandal, Kurnool District without considering my explanation/ legal notice dated 26.02.2026 to the eviction notice dated 23.02.2026 vide Rc.A.66/2026 which is issued under section 6 of AP encroachment act 1905 without following the procedure as contemplated under law which is highly illegal and arbitrary, violating the article 21 and 300A of constitution of India and consequently to set a side the eviction notice dated 23.02.2026 vide Rc.A.66/ 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 dispossess the petitioner from her residential house situated in survey no. 68/2A1U an extent of Ac. 0.27 cents of Joharapuram Village, Kurnool Urban Mandal, Kurnool District without considering explanation/ legal notice dated 26.02.2026 pending disposal of main writ petition and pass Counsel for the Petitioner: 1. PATHI SIVA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.7865 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 eviction notice issued by the 4th respondent dated 23.02.2026 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred as <the Act=) on the ground that the petitioner encroached upon the schedule land in an extent of Ac.0.24 cents out of Ac.4.36 cents in Sy.No.68-2A1V of Kurnool Village, which is classified as Kunta Poramboke and vacate the same within 48 hours from the date of service of the said notice. 3. The learned counsel for the petitioner submits that no Section 7 notice was issued under the said act and no opportunity was given to participate in the enquiry before passing the impugned notice of the 4th respondent dated 23.02.2026 and the legal notice of the petitioner dated 26.02.2026 was also not considered. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the respondent authorities concerned will follow the due procedure by issuing the Section 7 notice under the said Act and thereupon the explanation of the petitioner will also be considered, following the due procedure. 4 BKM,J W.P.No.7865 of 2026 5. In view of the above said facts and circumstances, since the impugned notice of the 4th respondent dated 23.02.2026 does not indicate any issuance of Section 7 notice of the said Act, conducting of enquiry contemplated there- under, giving due opportunity for the petitioner to participate in the said enquiry and as the impugned notice was straightaway issued in violation of the same, to meet the ends of justice by complying with the principles of natural justice, a de-nova enquiry shall be conducted afresh by the 4th respondent. For the said purpose, the impugned order of the 4th respondent dated 23.02.2026 is set aside herewith, giving opportunity to the 4th respondent to issue Section 7 notice of the said Act. If there is any alleged encroachment in respect of the schedule land as shown in the impugned notice of the 4th respondent dated 23.02.2026 and after giving due opportunity to the petitioner, appropriate decision can be taken 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 24.03.2026 PGT