APHC010163442026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 8384/2026 Between: 1. ULLIPAYALA USHA RANI, W/O. U. SIVA KUMAR, AGED ABOUT 31 YEARS, OCC. FARMER, RIO. POLIPADU VILLAGE, CHILLAMANU CHENU POST, OZILI MANDAL,TIRUPATI DISTRICT-524402. 2. ULLIPAYALA NAGAMMA,, W/O. U.RAMANAIAH, AGED ABOUT 52 YEARS, OCC. FARMER, RIO. POLIPADU VILLAGE, CHILLAMANU CHENU POST, OZILI MANDAL,TIRUPATI DISTRICT-524402. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT-522238. 2. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT-517501. 3. THE TAHSILDAR, OZILI MANDAL, TIRUPATI DISTRICT-524402. ...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, particularly one in the nature of a Writ of Mandamus, declartion the action of Respondent No. 3 in attempting to interfere with the peaceful possession and enjoyment of the petitioners over the subject lands, viz., an extent of Ac. 2.00 cents in Sy. No. 66/7-P1 of Polipadu Village, Ozili landal, Tirupati District, belonging to the 1st petitioner, and an extent of Ac. 2.00 cents in Sy. No. 66/7-P2 of Polipadu Village, Ozili Mandal, Tirupati District, belonging to the 2nd petitioner, and in further attempting to emolish the standing lemon, coconut and mango trees therein, as being legal, arbitrary, high-handed, violative of the fundamental 2 rights guaranteed under Article 19(1)(g) and Article 300-A of the Constitution of idea, especially since the petitioners applications for assignment of the aid lands is pending and consequently direct Respondent No. 3 not to iterfere with the peaceful possession and enjoyment of the said properties the petitioners, 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 Respondent No. 3 not to interfere with the peaceful possession and enjoyment of the petitioners over the subject lands, viz., an extent of Ac.2.00 cents in Sy. No. 66/7-P1 of Polipadu Village, Ozili Mandal, Tirupati District, belonging to the 1st petitioner, and an extent of Ac. 2.00 cents in Sy. No. 66/7-P2 of Polipadu Village, Ozili Mandal, Tirupati District, longing to the 2nd petitioner, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. Y V S S DHARANEESH Counsel for the Respondent(S): 1. GP FOR REVENUE 3 The Court made the following ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents. 2. This Writ Petition was filed declaring the action of 3rd respondent in attempting to interfere with the peaceful possession and enjoyment of the petitioners over the subject lands, viz., an extent of Ac.2.00 cents in Sy.No.66/7-P1 of Polipadu Village, Ozili landal, Tirupati District, belonging to the 1st petitioner, and an extent of Ac.2.00 cents in Sy.No.66/7-P2 of Polipadu Village, Ozili Mandal, Tirupati District, belonging to the 2nd petitioner, and in further attempting to demolish the standing lemon, coconut and mango trees therein. 3. The learned counsel for the petitioners submits that the enjoyment sketch prepared by the Village Surveyor for the purpose of assignment committee discloses the names of the petitioners for the subject extents. However, notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, was issued by the 3rd respondent to the husband of the 1st petitioner and son of the 2nd petitioner, as detailed in the schedule mentioned therein dated 02.03.2026, calling for explanation within seven (07) days, from the date of receipt of the said notice. Even before submitting any explanation by the petitioners’ family members, there is a threat of high-handed action by the 3rd respondent over the subject land. 4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents, submits that the explanation of the 4 petitioners’ including the husband of 1st petitioner will be considered by the 3rd respondent following the due procedure. 5. In view of the above said facts and circumstances, the petitioners including the husband of the 1st petitioner/ son of the 2nd petitioner are permitted to submit their explanation, enclosing all the necessary documents, in support of their claim, to the above said notice of the 3rd respondent dated 02.03.2026, within a period of four (04) weeks from the date of receipt of copy of this Order. On receipt of such explanation from the petitioners and their family members, the 3rd respondent shall proceed with the necessary enquiry, pursuant to the above said notice dated 02.03.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioners and their family members as detailed above and others concerned, giving due opportunity, 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 three (03) months thereafter. Pending enquiry, there shall be an order of status-quo as on today to be maintained with respect to the subject land as detailed in the schedule of the notice of the 3rd respondent dated 02.03.2026. The respondent authorities can also consider for the assignment of the subject lands in favour of the petitioners on their representation, if they are otherwise found eligible, suitable and permissible in accordance with law and as per the existing policy of the State. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 5 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 31.03.2026 SCH 6 210 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.8384 of 2026 Date: 31.03.2026 SCH