Date of reserved for orders :- Date of pronouncement :13.07.2026 Date of uploading : APHC010318052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Monday, the 13th day of July, 2026 Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 16906 of 2026 Between: Shaik Yasmin and others ...Petitioners and The State of Andhra Pradesh and others ...Respondents Counsel for the petitioners: 1. Sodum Anvesha Counsel for the respondents: 1. G.P. for Revenue The Court made the following: 2 BSB,J W.P.No.16906 of 2026 ORDER: The writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…to issue an appropriate writ, order or direction, preferably one in the nature of a Writ of Mandamus, declaring the inaction of the respondents in removing the encroachments made in Sy. No. 124 admeasuring to an extent of Ac. 333 in Thimmayapalem village of Chejerla mandal in S.P.S.R. Nellore district classified as „konda poramboke‟ land as illegal, arbitrary, unsustainable, unconstitutional and contrary to the provisions of the Andhra Pradesh Land Encroachment Act, 1905 and Rules thereof and set aside the same and consequently direct the respondents to remove the encroachments in the aforesaid land and protect the same and pass…” 2. The case of the petitioners is, stated briefly, as follows: a. The petitioners are residents of Thimmayapalem village and have the subject agricultural land. The villagers use the land for grazing cattle. There is a dense plantation. On 14.04.2026, some unidentified persons started to level the ground. The villagers approached the respondent No. 4 with a representation dated 16.04.2026 requesting to take necessary action against the persons leveling the ground. The respondent No. 4 informed that the respondent No. 2 had issued proceedings of possession certificate to three ex-military persons. Subsequently, the villagers approached the respondent No. 2 through P.G.R.S. application dated 20.04.2026 requesting to cancel the enjoyment proceedings. The respondent No. 2 did not take any adequate steps to stop the illegal occupation of the land. In relation to the same, an article of news was published on 23.04.2026 with title 3 BSB,J W.P.No.16906 of 2026 “konda poramboke bhoomini chadunu chestunna JCB ni addukunna gramasthulu”. Despite the representation, no action has been taken so far. It is settled law that preserving greenery would help maintain ecological balance and commercial exploitation of the greenery would adversely affect biodiversity of the region. As there is no other alternative, 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. 4, dated 24.06.2026, wherein it is mentioned as follows: as per the fair adangal of the Thimmayapalem Village, survey No. 124 admeasuring an extent of 333 acres is recorded as „konda poramboke‟ (hill). The present writ petitioners have filed a representation before the respondent No. 4 stating that some unknown persons were trying to encroach the land in the Sy. No. 124 of Thimmayapalem Village, Chejerla Mandal. Pursuant to the said representation, the field staff of the office of the respondent No. 4 has inspected the land and reported that some persons had been trying to level the land. While their enquiry, three persons have shown the proceedings of the Collector and District Magistrate, S.P.S. Nellore District vide proceedings No. COLNLRESEE0LAS/43/2019-JA(E1)-REV-NLR, dated 19.08.2025, allotted three acres each. Further they reported that already nine villagers were encroached the above land and recommended to remove the encroachments as per the Act. 4 BSB,J W.P.No.16906 of 2026 As per the report, the respondent No. 4 herein has issued notices under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and the matter is presently under enquiry of the respondent No. 4 as the encroachers have not given a written explanation to the notices. The petitioners have approached this Court with an apprehension and hence the writ petition is liable for dismissal. 4. The learned counsel for the petitioners requested to dispose of the writ petition directing the respondents to pass an appropriate order on the pending representations of the petitioners. 5. Considering the submissions made on both the sides, the writ petition is disposed of directing the respondents to consider the representations of the petitioners dated 16.04.2026 and 20.04.2026 and pass an appropriate order thereon, as per law, after hearing the petitioners, within one (01) month from the date of receipt of copy of this order. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 13.07.2026 NSM Whether the order is: Speaking Reasoned Reportable Non-reportable 5 BSB,J W.P.No.16906 of 2026 62 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 16906 of 2026 Dated: 13.07.2026 NSM