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2026 DAILYLAW 2561 (AP)

GORLI VARALAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/13722/2026 · 2026-05-06

B Krishna Mohan

body2026

Judgment text

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APHC010262282026 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: 13722/2026 Between: 1. GORLI VARALAKSHMI, A ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, a ...RESPONDENT 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 Mandamus, declaring the action of the 2nd Respondent in issuing 2nd Notice vide Rc.No.09/2026, dt.30.04.2026, without considering the petitioner's explanation, dt.15.04.2026 and trying to evict the petitioner from his land situated in Sy.No.133/7, an extent of 222.22 sq.yds, situated at Velampeta Area, Pendurthi, Visakhapatnam District, which is illegal, improper, arbitrary and violation of Articles 14 and 21 of the Constitution of India, consequently direct the Respondents not to evict the petitioner from his land situated in Sy.No.133/7, an extent of 222.22 sq.yds, situated at Velampeta Area, Pendurthi, Visakhapatnam District, 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 the Respondents not to take any coercive 2 steps and also not to evict the petitioner from his land situated in Sy.No.133/7, an extent of 222.22 sq.yds, situated at Velampeta Area, Pendurthi, Visakhapatnam District, pending disposal of the above writ petition, in the interest of justice and pass Counsel for the Petitioner: 1. HARINADH NIDAMANURI Counsel for the Respondent: 1. GP FOR REVENUE 3 The Court made the following Order: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 2. This writ petition is filed questioning the notice issued by the 2nd respondent under Section 6 of the A.P. Land Encroachment Act, 1905 dated 30.04.2026 on the ground that the petitioner encroached upon the subject land as detailed therein. 3. The learned counsel for the petitioner submits that though the petitioner submitted explanation dated 15.04.2026 to the notice of the 2nd respondent dated 08.04.2026 the same was not considered in the impugned notice of the 2nd respondent dated 30.04.2026. 4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that explanation of the petitioner will be considered by the 2nd respondent following the due procedure. 5. In view of the above said facts and circumstances, the petitioner is permitted to submit her explanation to the above said notice of the 2nd respondent dated 08.04.2026 enclosing all the necessary documents in support of her claim within a period of four (4) weeks from the date of receipt of this order. On receipt of such explanation from the petitioner, the 2nd respondent shall proceed with the necessary enquiry pursuant to the above said notice dated 08.04.2026 strictly in accordance with law by hearing all the parties concerned including the 4 petitioner giving due opportunity, upon verification of the records and the subject land as detailed in the notice of the 2nd respondent dated 08.04.2026, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (3) 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 notice of the 2nd respondent dated 08.04.2026. For the purpose of conducting the above said enquiry, the impugned order of the 2nd respondent dated 30.04.2026 is set aside herewith and uninfluenced by the same, fresh order shall be passed as directed above. 6. 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 07.05.2026 NNN