APHC010257492026 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: 13639/2026 Between: 1. VENGALI SUBBARAO, S/O. NAGARAJU, AGED ABOUT 65 YEARS, R/O. D.NO. 2-79, KONDEVARAM VILLAGE, U. KOTHAPALLI MANDAL, KAKINADA DISTRICT - 533450. 2. VENGALI LOVARTNAM, W/O. SUBBARAO, AGED ABOUT 63 YEARS, R/O. D.NO. 2-79, KONDEVARAM VILLAGE, U. KOTHAPALLI MANDAL, KAKINADA DISTRICT - 533450. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT COLLECTOR, KAKINADA, KAKINADA DISTRICT- 533001. 3. THE REVENUE DIVISIONAL OFFICER, KAKINADA, KAKINADA DISTRICT-533001. 4. THE TAHSILDAR, U. KOTHAPALLI MANDAL, KAKINADA DISTRICT - 533447. 5. THE MANDAL SURVEYOR, U. KOTHAPALLI MANDAL, KAKINADA DISTRICT - 533447. 6. THE AMARAVILLI GARMA PANCHYAT, REP. BY ITS SECRETARY, AMARAVILLI VILLAGE, U. KOTHAPALLI MANDAL KAKINADA 2 BKM,J W.P.No.13639 of 2026 DISTRICT -533450. ...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 Writ of Mandamus declaring the action of the 4th respondent issuing the notices vide B.121- 14/2026 dated 23.01.2026 and B/09/2026 dated 13.02.2026 without verifying the conversion permissions, title and possession of the petitioner family members the representation dated 21.04.2025 and 01.08.2025 and explanation given on 28.03.2026 in spite of that 4th respondent and giving the threat to disposes the petitioners land which is located in Sy. No. 79 in an extent of Ac. 5.68 cents of Amaravilli Village, U. Kothapalli Mandal, Kakinada District as illegal, arbitrary, colorable exercise and violation of the legal duty of the 4 violation of the Article 14, 19(1) (g), 21 and 300-A of the as per respondent, Constitution of India and liable to be set aside the notices dated 23.01.2026 and 13.02.2026 and consequentially issue direction to Respondent No. 2 to 6 to Rectify the mistakes committed by the officers while issuing the Pattadar passbooks and title deeds in the year 2022 and pass such order or orders or direction as deemed fit and proper in the circumstances of the case. 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 issue direction to Respondent No. 2 to 6 not to interfere with the peaceful possession and enjoyment of the petitioners land in an extent of Ac. 5. 68 cents in Sy.no. 79 of Amaravilli Village, U. Kothapalli Mandal, Kakinada District, pending disposal of the writ Petition and pass such Counsel for the Petitioner(S): 1. T N M RANGA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 BKM,J W.P.No.13639 of 2026 The Court made the following Order: Heard the learned counsel for the petitioners, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 5 and the learned Standing Counsel appearing for the 6th respondent. 2. This writ petition is filed questioning the action of the 4th respondent in issuing the notices dated 23.01.2026 and 13.02.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and non consideration of the explanation submitted by the petitioners dated 28.03.2026. When the enquiry is pending, there is a threat of highhanded action by the respondent Nos.4 to 6 against the subject land. 3. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondent Nos.1 to 5 and the learned Standing Counsel appearing for the 6th respondent submit that the explanation of the petitioners would be considered by the 4th respondent, following the due procedure. 4. In view of the above said facts and circumstances, the petitioners are permitted to submit their additional explanation, if any, enclosing all the necessary documents in support of their claim, in continuation of the earlier explanation of the petitioners dated 28.03.2026, to the above said notices dated 23.01.2026 and 13.02.2026 of the 4th respondent within a period of four (04) weeks from the date of receipt of this order. On receipt of such 4 BKM,J W.P.No.13639 of 2026 explanation from the petitioners, the 4th respondent shall proceed with the necessary enquiry, pursuant to the above said notices dated 23.01.2026 and 13.02.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land of alleged encroachment, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (03) 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 of alleged encroachment covered under the impugned notices of the 4th respondent dated 23.01.2026 and 13.02.2026. 5. Accordingly, this 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, Interlocutory Applications pending, if any, shall stand closed. __________________________ JUSTICE B. KRISHNA MOHAN 07.05.2026 PGT