1 APHC010202912026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [0] THURSDAY,THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 10148/2026 Between: 1. SURISETTI SYAMALA, , W/O. LATE RAMA CHANDRA RAO, AGED ABOUT 42 YEARS, OCCUPATION AGRICULTURE / HOUSEWIFE, RIO. PALLAPU VEEDI, GAVARAPALEM, ANAKAPALLI VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531001. 2. P. DANALAKSHMI ESWAR,, W/O. NAGAMURALI, AGED ABOUT 54 YEARS, OCCUPATION AGRICULTURE / HOUSEWIFE, R/O. DILSU VEEDI, GAVARAPALEM, ANAKAPALLI VILLAGE AND MANDAL, ANAKAPALLI DISTRICT, ANDHRA PRADESH - 531001. ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH - 522503. 2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT, ANAKAPALLI, ANDHRA PRADESH - 531001. 3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI 2 DIVISION, ANAKAPALLI, ANDHRA PRADESH - 531001. 4. THE TAHSILDAR, ANAKAPALLI MANDAL, ANAKAPALLI, ANDHRA PRADESH -531001. 5. THE COMMISSIONER, ENDOWMENTS DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, GOLLAPUDI, NTR DISTRICT, ANDHRA PRADESH - 521225. 6. SRI KANYAKA PARAMESWARI AMMAVARI TEMPLE, REP. BY ITS EXECUTIVE OFFICER, ANAKAPALLI DISTRICT, ANDHRA PRADESH-531001. ...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 to issue a Writ, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities, more particularly Respondent No.4, in trying to interfere with the peaceful possession and enjoyment without passing any orders on the petitioner's explanation dt.01.04.2026 submitted to the notice Rc.No.102/2026/CC dated 24.03.2026 with respect to the property in Sy.No.1539/5 admeasuring Ac.1.11 cents of Anakapalli North-II Village and further attempting to dispossess the petitioners without following due process of law, as illegal, arbitrary, without jurisdiction, in violation of principles of natural justice and Articles 14, 21 and 300-A of the Constitution of India and consequently direct the respondents not to interfere with peaceful possession and enjoyment including dispossession of the petitioners from the above said property and to pass Counsel for the Petitioner(S): 1. ANCHA PANDURANGA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR ENDOWMENTS 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.10148 of 2026 This Court made the following ORDER: Learned counsel for the petitioners submits that the petitioner is pattadar and possessor of an extent of Ac.2.49 cents in Sy.No.1539/5 of Anakapalli North-II Village and he was issued pattadar passbook in favour of the petitioner confirming himself as pattadar and possessor of the subject property. While so, out of the said subject land of Ac.2.49 cents, Ac.1.38 cents was acquired by the Government for establishment of NTR Market Yard, Anakapalli vide Award No.1/89, dated 18.01.1989 and the acquisition compensation was also paid to the father of the petitioner. 2. While so, the 4th Respondent herein issued impugned notice dated 24.03.2026 directing the petitioner to substantiate his title over the remaining land of Ac.1.11 cents in Sy.No.1539/5 in view of application made by the 6th respondent herein for issuance of Pattadar Passbooks in the name of 6th Respondent-temple. For which, the petitioner submitted a detailed explanation on 01.04.2026 4 within a period of one week. Without considering the said explanation having invited, but the respondents are taking steps for dispossessing the petitioner is contrary to law and ignoring the sum and substance of the notice. Hence the writ petition. 3. On the other hand, learned Government Pleader for Revenue, learned Standing Counsel for 6th Respondent-temple as well as learned Government Pleader for Endowments submits that since the petitioner already submitted a detailed explanation pursuant to the notice issued by the 4th Respondent, the same would be considered and pass speaking orders in accordance with law. Till completion of such proceedings, the respondent authorities would not initiate any coercive steps against the subject property of the petitioners. 4. Heard learned counsel for the petitioners, learned Government Pleader for Revenue, learned Standing Counsel for 6th Respondents as well as learned Government Pleader for Endowments and perused the material placed on record. 5. On perusal of the notice as well as explanation, it is observed that having issued the notice and invited the explanation, the authority concerned shall bound to consider the explanation or documents submitted by the petitioners as directed. Therefore, it is 5 the statutory duty cast upon the notice issuing authority to consider the explanation or documents which were submitted as directed through the notice. 6. Therefore, this Court is of the considered opinion that this Writ Petition can be disposed of with a direction to the 4th Respondent herein to consider the explanation and documents if any, submitted by the petitioners pursuant to the notice dated 24.03.2026 after affording an opportunity of hearing to the petitioner and 6th respondent herein and other stakeholders, if any, at the earliest and to pass speaking orders. Till the completion of the entire exercise, the Respondent Nos.4 to 6 are hereby restrained from interfering with the subject property of the petitioners or taking any coercive steps against them. 7. With the above directions, the Writ Petition is disposed of. No costs. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J DT: 16.04.2026 NOTE: Issue CC by 17.04.2026 (B/o) 6 krk 7 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.10148 of 2026 DT: 16.04.2026 NOTE: Issue CC by 17.04.2026 (B/o) krk 59