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2026 DAILYLAW 2182 (AP)

TALAGANA KANTHAMMA v. THE STATE OF ANDHRA PRADESH

WP/13387/2026 · 2026-05-06

B Krishna Mohan

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010248562026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] THURSDAY,THE SEVENTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 13387/2026 Between: 1. TALAGANA KANTHAMMA, S/O.KARENNA, AGED ABOUT 75 YEARS, OCC. HOUSE HOLD, R/O.HARIPURAM VILLAGE, MANDASA MANDAL, SRIKAKULAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT SRIKAKULAM. 3. THE TAHASILDAR, MANDASA MANDAL, SRIKAKULAM DISTRICT. 4. THE MANDAL REVENUE INSPECTOR, OFFICE OF THE TAHASILDAR, MANDASA MANDAL, SRIKAKULAM DISTRICT. 5. THE VILLAGE REVENUE OFFICER, HARIPURAM VILLAGE, MANDASA MANDAL, SRIKAKULAM 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 topleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of the Respondents No.3 to 5 in trying to evict the Petitioner from the land situated in Sy.No.97 and 99 extent of Ac.0-54 cents of Haripuram Village, Mandasa Mandal, Srikakulam District in pursuant to the impugned Orders in R.C.No.23/2025/A, dated 22-04-2026 passed by the 3rd Respondent U/sec.6 of AP Land Encroachment Act before filing the Appeal to the 2nd Respondent within statutory period U/sec. 10 of the AP Land Encroachment Act, 1905 as arbitrary, illegal and in violation of Article 14, 19, 21 and 300-A of Constitution of India and consequently to direct the Respondents No.3 to 5 not to evict the Petitioner from the land situated in Sy.No.97 and 99 of Haripuram Village, Mandasa Mandal, Srikakulam District in pursuant to the impugned Orders in R.C.No.23/2025/A, dated 22-04-2026 passed by the 3rd Respondent till filing of the Appeal before the 2nd Respondent within statutory period U/sec.10 of the AP Land Encroachment Act, 1905 in the interest of justice. 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 No.3 to 5 not to evict the Petitioner from the land situated in Sy.No.97 and 99 of Haripuram Village, Mandasa Mandal, Srikakulam District in pursuant to the impugned Orders in R.C.NO.23/2025/A, dated 22-04-2026 passed by the Respondent pending disposal of the writ petition in the interest of justice. Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 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 order of the 3rd respondent dated 22.04.2026, directing the respondent Nos.4 and 5 to execute the eviction process over the Government land in an extent of Ac.0.40 cents in Sy.No.97 and Ac.0.14 cents in Sy.No.99 of Haripuram Village, Mandasa Mandal, as per the provisions of the Andhra Pradesh Land Encroachment Act, 1905. 3. The learned counsel for the petitioner submits that the impugned order of the 3rd respondent dated 22.04.2026 is contrary to law and facts. Even before filing the appeal within the limitation period by the petitioner, the respondent Nos.3 to 5 are trying to act upon the subject land high-handedly, denying the rights of the petitioner. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents, submits that if the petitioner prefers an appeal within the limitation period, the same would be considered by the appellate authority, following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to prefer an appeal before the 2nd respondent against the impugned order of the 3rd respondent dated 22.04.2026, within the period of limitation, by enclosing all the necessary documents in support of her claim. On receipt of such appeal from the petitioner, the 2nd respondent shall consider and dispose of the same 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 appeal, there shall be an order of status- quo as on today to be maintained with respect to the subject land covered under the impugned order of the 3rd respondent dated 22.04.2026. In default of preferring the appeal by the petitioner, the interim protection granted by this Court stands automatically vacated. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B KRISHNA MOHAN 07.05.2026 SCH 307 THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN W.P.No.13387 of 2026 Date: 07.05.2026 SCH