APHC010269822026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the Fifteenth day of June Two Thousand and Twenty Six Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 14315 of 2026 Between: S. Prameela ...Petitioner and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioner: 1. W.V.B. Shravan Counsel for the respondents: 1. G.P. for Revenue The Court made the following: 2 BSB, J W.P.No.14315 of 2026 ORDER: The 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 Writ of Mandamus declaring the action of the respondent No. 3 in trying to demolish, dispossess the petitioner from the metal roofed house to an extent of Ac.0.03 cents situated in Sy. No. 186/11 of Daminedu Village, Tirupati Rural Mandal, Tirupati District without following due process of law as illegal, arbitrary, unconstitutional and consequently direct the respondent No. 3 not to demolish, dispossess the petitioner from the metal roofed house to an extent of Ac. 0.03 cents in Sy. No. 186/11 of Daminedu Village, Tirupati Rural Mandal, Tirupati District…” 2. The case of the petitioner is, stated briefly, as follows: The petitioner is a houseless poor person and therefore a patta for house site to an extent of Ac. 0.03 cents in Sy. No. 186/11 of Daminedu Village, Tirupati Rural Mandal, Tirupati District was issued to her vide proceeding in V.H.S:250/2011, dated 20.05.2011 basing on which she took possession of the subject property and constructed a metal roof small house and living therein. The patta granted in favour of the petitioner has not been cancelled so far. The respondent No.3, along with staff, came to the subject site on 05.05.2026 and tried to demolish the shed and dispossess her therefrom. Aggrieved by the action of the respondents, this writ petition was filed. 3. The learned Assistant Government Pleader for Revenue placed on record a copy of written instructions of the respondent No. 3 / Tahsildar, Tirupati Rural Mandal, vide Roc.A/WP No.14315/2026- 1/2026, dated 15.06.2026. He further submitted that the house site 3 BSB, J W.P.No.14315 of 2026 register maintained in the office of the respondent No. 3 reveals no patta in the name of the petitioner being issued and that the copy of patta submitted by the petitioner could be a created document for the purpose of litigation. He further stated that the Tahsildar, being competent authority, initiated action strictly in accordance with the provisions of the Andhra Pradesh Land Encroachment Act, 1905 (in short „the Act, 1905‟) for protection of the government land from unauthorized occupation and encroachment. Therefore, the allegation of the petitioner that the respondents are illegally attempting to dispossess her without any authority is false. 4. The learned counsel for the petitioner submitted that the instructions are erroneous and no step has been taken under the Act, 1905 by issuing prior notice. 5. In reply, the learned Assistant Government Pleader for Revenue submitted that steps, as per the Act, 1905, would be strictly followed. Accordingly, both the parties requested to dispose of the writ petition. 6. In view of the same, the writ petition is disposed of directing the respondents to duly follow the procedure under the Act, 1905, in case the petitioner is found to be an encroacher for not showing that the patta in her name is genuine. The order shall be complied within three (03) months from the date of receipt of copy of this order. Till such time, the petitioner shall not be evicted from the subject site without following due process of law. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 15.06.2026 NSM 4 BSB, J W.P.No.14315 of 2026 77 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 14315 of 2026 Dated: 15.06.2026 NSM