APHC010715282025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 142/2026 Between: 1. MARISETTY RAMA RAO, S/O. LATE APPANNA, AGED 64 YEARS, R/O. GANAPARTHI VILLAGE, MUNAGAPAKA MANDAL, ANAKAPALLI DISTRICT-531055. ...PETITIONER AND 1. THE TAHSILDAR, MUNAGAPAKA, MUNAGAPAKA MANDAL-531055, ANAKAPALLI DISTRICT 2. THE DISTRICT COLLECTOR, ANAKAPALLI-531002, ANAKAPALLI DISTRICT. 3. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the proceedings /notice in LR No.539/2025/SA, dated 18.10.2025 issued by the 1ST Respondent is illegal, arbitrary and without jurisdiction consequently to quash the said proceedings in LR No.539/2025/SA, dated 18.10.2025 issued by the 1ST Respondent in the interest of justice and pass 2 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 stay all further proceedings pursuant to the letter LR No.539/2025/SA, dated 18.10.2025 issued by the 1ST Respondent, pending disposal of the Writ Petition in the interest of justice. Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 1. GP FOR REVENUE 2. The Court made the following: 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ, order or direction, more particularly one in the nature of a Writ of Mandamus, declaring the proceedings/notice in LR No.539/2025/SA, dated 18.10.2025, issued by the 1st respondent as illegal, arbitrary and without jurisdiction, and consequently to quash the said proceedings/notice in LR No.539/2025/SA, dated 18.10.2025, in the interest of justice.” 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The contention of the petitioner is that the respondent authorities initiated proceedings under the provisions of the Andhra Pradesh Land Encroachment Act, 1905, and issued an eviction notice dated 18.10.2025 under Section 7 of the A.P. Land Encroachment Act, III of 1905. The petitioner submitted his reply on 11.11.2025, raising a jurisdictional objection; however, the respondent authorities have neither considered the said reply not passed any orders after affording an opportunity of hearing to the petitioner under Section 6 of the Act. In support of his contention, the petitioner relied upon the judgment of the Hon’ble Supreme Court in Government of Andhra Pradesh v. Thummala Krishna Rao1. 1 AIR 1982 SC 1081 4 4. Upon considering the contentions raised by learned counsel for the petitioner, and in view of the fact that the petitioner has already submitted his reply dated 11.11.2025, which has not been considered by the respondent authorities, nor any order passed after affording an opportunity of hearing under Section 6 of the Act, this Court is not inclined to go into the merits of the matter at this stage. 5. Accordingly, the Writ Petition is disposed of at the stage of admission, directing the respondent authorities to consider the reply dated 11.11.2025 submitted by the petitioner, keeping in view the observations made by the Hon’ble Supreme Court in the judgment referred to above, and to pass appropriate orders after providing a reasonable opportunity of hearing to the petitioner under Section 6 of the Act. 6. Till such time, the respondent authorities are directed not to interfere with the peaceful possession of the petitioner and not to dispossess the petitioner from the subject property. 7. There shall be no order as to costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. __________________ JUSTICE D. RAMESH 6th January, 2026 cbn 5 390 THE HON’BLE SRI JUSTICE D. RAMESH Writ Petition No.142 of 2026 6th January, 2026 cbn