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2026 DAILYLAW 2148 (AP)

SHAKEENA BEE v. THE STATE OF ANDHRA PRADESH

WP/12641/2026 · 2026-05-04

B Krishna Mohan

body2026

Judgment text

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APHC010235012026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 12641/2026 Between: 1. SHAKEENA BEE, W/O AMEER SAHEB, AGED ABOUT 67 YEARS, OCC AGRICULTURE R/O D.NO.3-37, CHINTALA YELLAGARAM, VENKATAGIRI KOTA, CHITTOOR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. -522020 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, ANDHRA PRADESH._517001 3. THE REVENUE DIVISIONAL OFFICER, PALAMANER REVENUE DIVISION, CHITTOOR DISTRICT, ANDHRA PRADESH. 517001 4. THE TAHSILDAR, VENKATAGIRI KOTA MANDAL, V.KOTA, CHITTOOR DISTRICT, ANDHRA PRADESH. 517001 5. THE MANDAL SURVEYOR, VENKATAGIRI KOTA MANDAL TAHSILDAR OFFICE, V.KOTA, CHITTOOR DISTRICT, ANDHRA PRADESH. 517001 ...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 one in the nature of Writ Of Certlorarified Mandamus i) declaring the action of the Respondent Authorities in unilaterally altering the Revenue Records in respect of the Petitioners land ad measuring Ac.2.04 Cents 2 situated in Sy.Nos.146 of Sivunikuppam Village, Chittoor District, without any authority or proceedings, notice and hearing ii) Calling for records in the Proceedings covered by the Notice dated Nil invoked by the Respondent Tahsildar under the Andhra Pradesh Land Encroachment Act, 1905 as illegal, arbitrary, wholly without jurisdiction and violative of principles of natural justice and Articles 14, 19, 21 and 300A of the Constitution of India and quash the same and further, direct the Respondent Authorities to restore the Petitioners name in the Revenue Records as against the land ad measuring Ac.2.04 Cents situated in Sy.Nos.146 of Sivunikuppam Village, Chittoor District and direct Respondent Authorities not to interfere with Petitioners possession and enjoyment over the same (land ad-measuring Ac.2.04 Cents situated in Sy.Nos.146 of Sivunikuppam village) and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case, 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 may be pleased to suspend the illegal entries made by the Respondent Tahsildar in respect of the Petitioner’s land ad-measuring Ac.2.04 Cents situated in Sy.Nos.146 and of Sivunikuppam Village, Chittoor \ District as “Vaagu Poramboke” by replacing illegal entries with the Petitioner’s name, pending disposal of the Writ Petition and pass IA NO: 2 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 may be pleased to direct the Respondents not to interfere with Petitioners possession and enjoyment over the land ad measuring Ac.2.04 Cents situated in Sy.Nos.146 of Sivunikuppam Village, Chittoor District, pending disposal of the Writ Petition and pass IA NO: 3 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 may be pleased to dispense with filing of the Certified Copy of the Notice dated “Nil” invoked by the Respondent Tahsildar under the Andhra Pradesh Land Encroachment Act, 1905 and pass Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 3 1. GP FOR REVENUE 4 The Court made the following ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 2. This Writ Petition is filed questioning the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 (“the Act”) by the 4th respondent for the subject land to an extent of Ac.2.04 cents in Sy.No.146 of Sivunikuppam Village, V.Kota Mandal, Chittoor District and alleging that it is a Government land and the petitioner encroached upon the same. 3. The learned counsel for the petitioner refers to the D. Form 7, dated 25.06.1988 for the subject extent, the pattadar passbook and the title deed vide Khata No.669 and Form-1B dated 14.05.2020 and the Adangal copies dated 27.07.2016 are showing the petitioner’s name in the revenue entries. Only at the behest of the complaint given to the local MLA dated 17.01.2026 and without even verifying the records, the impugned notice dated 27.01.2026 was issued by the 4th respondent. Consequently, Section 7 notice was also issued under the Act. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that it is only a notice issued under Section 7 of the Act and if the petitioner submits explanation to it, the same would be considered by the 4th respondent, following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit her explanation, by enclosing all the necessary documents in support of her claim to the above said notice of the 4th respondent issued 5 under Section 7 of the Act, dated Nil, within a period of four (04) weeks from the date of receipt of copy of this Order. On receipt of such explanation from the petitioner, the 4th respondent shall proceed with the necessary enquiry, pursuant to the above said notice issued under Section 7 of the Act, dated Nil, 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 its own merits, as expeditiously as possible, preferably, within a period of four (04) months thereafter. Pending the enquiry, there shall be an order of status-quo as on today to be maintained with respect to the subject land covered under the impugned notice of the 4th respondent, issued under Section 7 of the Act. Uninfluenced by the letter of the local MLA and the representation, if any, the above said enquiry shall be independently held and on merits only, the 4th respondent shall take the appropriate decision. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any and shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 05.05.2026 SCH 6 328 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.12641 of 2026 Date: 05.05.2026 SCH