Extracted from the PDF above. The PDF is authoritative.
APHC010267352026
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3233] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 14006/2026 Between:
1. RIKKA APALA REDDY, S/O. NARASIMHULU(LATE), AGED ABOUT 56 YEARS R/O. CHERAKUPALLE, CHITTIVALASA, BHOGAPURAM MANDAL,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH
2. BYREDLA RAMANAMMA, W/O. DURGA RAO, AGED ABOUT 68 YEARS,
R/O. CHERAKUPALLE, CHITTIVALASA, BHOGAPURAM MANDAL,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH
3. RIKKA DURGA RAO, S/O. NARASIMHULU(LATE), AGED ABOUT 48 YEARS, R/O. VILL-KOTTHACHARUKUPALLI, GUDIVADA, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH
4. BOYI NUKA REDDY, S/O. APPALA NARASAYYA, AGED ABOUT 50 YEARS, R/O. CHERAKUPALLE, CHITTIVALASA, BHOGAPURAM MANDAL,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH
5. SARAGADA RAMA SIVAJI, S/O. RAMA SURAPPADU, AGED ABOUT 30 YEARS, R/O. CHERAKUPALLE, CHITTIVALASA, BHOGAPURAM MANDAL,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH
6. RIKKA NARASIMHULU, S/O. THOGULU (LATE), AGED ABOUT 44 YEARS,
R/O. NEW CHERUKUPALLI, GUDIVADA, BHOGAPURAM MANDAL,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH
7. RIKKA APPALA REDDY, S/O.APPALA NARAYANA (LATE), AGED ABOUT 38 YEARS, R/O. CHERUKUPALLI, GUDIVADA, BHOGAPURAM MANDAL,
VIZIANAGARAM DISTRICT, ANDHRA PRADESH
...PETITIONER(S) AND
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1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY,
REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, ANDHRA PRADESH
2.
THE TAHSILDAR, BHOGAPURAM MANDAL, VIZIANAGARAM DISTRICT, ANADHRA PRADESH
...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 tomay be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents, more particularly the 2nd Respondent herein, in issuing Notices for eviction vide Rc.No.lOO/2026/SA dated 01.04.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, directing the Petitioners to show-cause as to why the Petitioners cannot be evicted from the alleged
government land admeasuring various extents i.e., Ac.0.0350Cts, Ac.0.0250Cts, Ac.0.0350Cts, Ac.0.03Cts, Ac.0.02Cts, Ac.0.03.Cts, Ac.0.03Cts respectively out of the total extent of Ac.52.95.Cts in Sy.No.1 1 in Cherukupalli Village, Bhogapuram Mandal, Vizianagaram District as illegal, arbitrary and unconstitutional and in stark violation of Article 14 of the Constitution of India and Principles of Natural Justice and to set aside the same, and to consequently direct the Respondents not to interfere with the Petitioners possession of the subject land without following due process of law and pass such 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 It is most humbly prayed, that pending disposal of the above Writ Petition, the Hon’ble Court may be pleased to suspend the operation of the Notice for eviction issued by the 2"'' Recpondent vide Rc.No.lOO/2026/SA dated 01.04.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, and pass such 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 take any coercive steps against the Petitioners and not to interfere with the
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Petitioners’ possession of the subject lands admeasuring land admeasuring various extents i.e., Ac.0.0350Cts, Ac.0.0250Cts, Ac.0.0350Cts, Ac.0.03Cts, Ac.0.02Cts, Ac.0.03.Cts, Ac.0.03Cts respectively out of the total extent of Ac.52.95.Cts in Sy.No.1-1 in Chemkupalli Village, Bhogapuram Mandal, Vizianagaram District situated in Sy.1-1, Chemkupalli Village, Bhogapuram Mandal, Vizianagaram District and pass such Counsel for the Petitioner(S):
1.
MOGULURU ISWARYA Counsel for the Respondent(S):
1. GP FOR REVENUE
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The Court made the following Order:
Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the notices issued by the 2nd respondent dated 01.04.2026 individually to all the petitioners under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the petitioners encroached upon the subject lands as detailed therein. Even before submitting the explanations by the petitioners, the 2nd respondent is trying to act highhandedly against the subject lands threatening to dispossess the petitioners. 3. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that, if the petitioners submit their explanations the same will be considered following the due procedure. 4. In view of the above said facts and circumstances, the petitioners are directed to submit their separate explanations to the above said notices of the 2nd respondent dated 01.04.2026 enclosing all the necessary documents in support of their claim within a period of four (4) weeks from the date of receipt of this order. On receipt of such explanations from the petitioners, the 2nd respondent is directed to conduct a necessary enquiry pursuant to the above said notices dated 01.04.2026 strictly in accordance with law by hearing all the parties
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concerned including the petitioners giving due opportunity, upon verification of the records and the subject extents, appropriate decision shall be taken on their own merits as expeditiously as possible preferably within a period of three (3) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject extents as detailed in the above said notices of the 2nd respondent dated 01.04.2026. 5. Accordingly, the 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, Miscellaneous Petitions pending, if any, shall stand closed. _________________________ JUSTICE B KRISHNA MOHAN 08.05.2026 NNN