Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 28055 (AP)

NAGIREDDY SREEKANTH REDDY v. THE STATE OF AP

WP/675/2026 · 2026-01-07

D Ramesh

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 APHC010718752025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 675/2026 Between: 1. NAGIREDDY SREEKANTH REDDY, S/O. CHINNA SUBBA REDDY AGED ABOUT 45 YEARS, OCC AGRICULTURE, R/O. BAYANAPALLE VILLAGE, BADVEL MANDAL, Y.S.R KADAPA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP., BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, 2. THE DISTRICT COLLECTOR, , Y.S.R DISTRICT, KADAPA, 3. THE REVENUE DIVISION OFFICER, BADVEL REVENUE DIVISION Y.S.R DISTRICT. 4. THE TAHSILDAR, BADVEL MANDAL, Y.S.R DISTRICT. ...RESPONDENT(S): 2 Counsel for the Petitioner: 1. V R REDDY KOVVURI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 3 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.675 of 2026 ORDER: Aggrieved by the orders dated 15.12.2025 passed by the 4th respondent, the present writ petition is filed. 2. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents. 3. The contention of the learned counsel for the petitioner is that the 4th respondent has initiated action under the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Act, 1977 (for short, ‘the POT Act’) and issued notice under Rule 3 of the Andhra Pradesh Assigned Lands (Prohibition of Transfers) Rules, 2007 in Form-II on 25.06.2025. But, surprisingly, the impugned orders were passed on 15.12.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. The said action of the 4th respondent is contrary to the provisions of both the Acts. If the 4th respondent intends to initiate any action under the POT Act, he has to issue notice to the petitioner both in Form-I and Form-II as mandated by this Court in Sudalagunta Sugars Ltd., v. The 4 Joint Collector, Chittoor1 or else if he intends to initiate action under the Andhra Pradesh Land Encroachment Act, he has to issue notice under the Andhra Pradesh Land Encroachment Act and after submitting explanation, the authority has to pass appropriate order after providing an opportunity to the petitioner either under Section 4 of the POT Act or under Section 6 of the Andhra Pradesh Land Encroachment Act. 4. Considering the above said submissions, the impugned orders were passed contrary to both the Acts. Hence, the impugned orders dated 15.12.2025 are set aside remanding the matter to the 4th respondent giving liberty to initiate appropriate proceedings under either of the Acts. 5. Accordingly, the Writ Petition is allowed. There shall be no order as to costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. _______________________ JUSTICE D.RAMESH Date: 08.01.2026 Ivd 1 MANU/AP/0942/2016 (W.P.No.26585 of 2009) 5 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.675 of 2026 Dated: 08.01.2026 Ivd