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2026 DAILYLAW 19632 (AP)

A AJAY KUMAR v. THE STATE OF AP

WP/8523/2026 · 2026-03-31

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010157002026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8523/2026 Between: 1. A AJAY KUMAR, S/O A. MOHAN RAO, INDIAN, AGED ABOUT 41 YEARS, R/O H.NO.22-14-426/2, REVENUE WARD NO.22, KRISHNA REDDY NAGAR, AKKARAMPALLI (V), TIRUPATHI-517507 ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT, AT TIRUPATHI. 3. THE REVENUE DIVISIONAL OFFICER, TIRUPATI DIVISION, TIRUPATHI DISTRICT. 4. THE TAHSILDAR, TIRUPATHI URBAN MANDAL, TIRUPATHI 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 to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, by declaring and setting aside the impugned proceeding relating to petitioner property bearing H. NO. 22-14- 426/2, Revenue Ward No. 22, Krishna Reddy Nagar, Akkarampalli, Village, Tirupathi District, impugned notice Vide Roc. No. A/86/2026, dt. 17-03-2026 p. 2 issued by the Respondent as being illegal, arbitrary and unjust, and without jurisdiction 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 to stay all further proceeding in impugned notice vide Roc.A/86/2026 dated 17- 03-2026 issued by the 4th Respondent including eviction of the petitioner from the petitioner property bearing H. NO. 22-14-426/2, Revenue Ward No. 22, Krishna Reddy Nagar, Akkarampalli, Village, Tirupathi pending disposal of the above writ petition and PASS Counsel for the Petitioner: 1. K ARUNA Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ::ORDER :: Assailing the notice vide Roc.No.A/86/2026 dated 17.03.2026 (Ex.P7), the above writ petition was filed. 2. Heard Sri Nageswara Rao, learned Senior Counsel, assisted by Smt. K. Aruna, learned counsel for the petitioner and Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, appeared for the respondents. 3. Learned Senior Counsel would submit that the petitioner’s father erected a thatched house in an extent of Ac.0.03 cents in Sy.No.74/5 of Akkarampalli Village, Tirupati Rural Mandal, Chittoor District. Thereafter, the thatched house collapsed, and the petitioner constructed a pucca house in 2015. The authorities of Municipal Corporation assigned D.No.22-14-426/2, and the petitioner has been paying taxes. The petitioner, earlier, filed W.P.No.2480 of 2021, and thereafter, the petitioner withdrew the said writ p. 3 petition with liberty to file a fresh writ petition in case a new cause of action arises. The petitioner filed W.P.No.886 of 2025, challenging the action of the respondent authorities in attempting to demolish the house. The said writ petition was disposed of on 28.11.2025. While the mater stood thus, the notice impugned was issued. 4. Sri G. Divya Theja, learned Assistant Government Pleader for Revenue, would submit that the notice impugned was issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. If the petitioner submits an explanation by annexing all the relevant documents, respondent No.4 will consider the same and pass appropriate orders. 5. In reply, learned counsel for the petitioner would submit that the petitioner will submit an explanation to the notice (Ex.P7). 6. Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter-affidavit, will not serve any purpose and the Writ Petition is disposed of at the stage of admission with the consent of both the learned counsel, directing the petitioner to submit an explanation to the notice (Ex.P7), within seven days, by annexing all the relevant documents. Thereafter, respondent No.4 shall conduct an inquiry by providing an opportunity of hearing to the petitioner, consider the explanation and pass a reasoned order, and communicate the same to the petitioner. Till an order is passed, respondent No.4 shall not take any coercive steps pursuant to Ex.P7 notice. No order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.04.2026 TVN p. 4 224 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 8523 of 2026 Date: 01.04.2026 TVN