APHC010146412026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 471 of 2026 Bench Sr.No:-33 [3584] Asgar Ali Patan and Others ...Appellant(s) Vs. The State Of Andhra Pradesh and Others ...Respondent(s) ********** Advocate for Appellants: Mr. Dondappagari Sai Siddi Srikhar Advocate(s) for Respondent(s): GP for Municipal Administration and Urban Development – R1 Mr. A. S. C. Bose (SC for Municipal Corporations) - R3 GP for Revenue – R2, R4 - R7 CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 14th July 2026 LISA GILL, CJ: Prayer in this appeal is for setting aside order dated 24.02.2026, whereby learned Single Bench has not extended the interim order earlier granted. 2. Appellants/writ petitioners filed W.P.No.4607 of 2026 seeking to set aside endorsement bearing ROC. No.653409/2026/G2 dated 11.02.2026, whereby petitioners‟ patta land, residential houses and shops as described therein has been declared as canal land and an encroachment, purportedly 2 HCJ & CGR, J W.A. No: 471 of 2026 without completing physical demarcation on the ground and without furnishing survey report to said writ petitioners and by proceeding to demolish the ancestral house. 3. Learned writ Court on 18.02.2026, while directing learned counsel for respondents to obtain clear written instructions, directed status quo to be maintained till next date of hearing. On 24.02.2026, learned Single Bench on hearing the parties and perusing written instructions furnished by Commissioner, Nellore Municipal Corporation, along with a sketch and endorsement dated 11.02.2026, directed counter affidavit to be filed within four weeks and rejoinder thereafter but did not extend the interim relief. 4. It is observed in order dated 24.02.2026, that petitioner appeared to have violated conditions of Patta by selling part of land to third parties. Thus, learned Single Bench was not inclined to extend the interim order any further. Aggrieved therefrom, present appeal has been filed. 5. Learned counsel for appellants vehemently argues that on earlier occasion, petitioners had filed W.P. No.525 of 2026 for declaring action of official respondents in interfering with and threatening their dispossession from the Patta land as illegal and arbitrary. Said writ petition had been disposed of on 06.01.2026 wherein learned Single Bench noted stand of respondents to the extent that there was no interference with possession of petitioners‟ property and in case there is any ambiguity in fixation of 3 HCJ & CGR, J W.A. No: 471 of 2026 boundaries, petitioners may submit an application for conducting a survey with regard to identification of petitioners‟ property. 6. Writ petition was disposed of leaving it open to petitioners to submit a fresh representation before competent authority which upon receipt thereof, in coordination with other competent authorities, would conduct survey and demarcate boundaries of petitioners‟ land within a period of eight weeks from the date of receipt of application. Pending consideration, it was directed that petitioners‟ possession and enjoyment of subject property be not interfered with. 7. Petitioners thereafter submitted an application and a joint inspection and survey was conducted; Land measuring 1122.22 square yards situated in C.A.S. No.420/2 was stated to be measured in the presence of petitioners; boundaries demarcated and encroachments on said land were identified. It is noted in ROC No.653409/2026/G2, dated 11.02.2026, that as per Re- settlement Register (RSR) land is classified as „canal‟ with total extent of C.A.S. No.420 being 2.78 acres. Encroachments thereon by petitioners were found present. 8. It is the case of appellants/writ petitioners that notice dated 09.01.2026 was issued, fixing 12.01.2026 for conduct of joint survey in the presence of officials from Revenue, Survey and Irrigation Departments. Certain officials visited the site but no proper survey was carried out. No demarcation memo or 4 HCJ & CGR, J W.A. No: 471 of 2026 panchanama was prepared in their presence and ROC No. 653409/2026/G2 was illegally passed and authorities in an absolutely illegal and arbitrary manner interfered with their possession and proceeded to destroy their 70 year old ancestral house. 9. Aggrieved therefrom, W.P. No. 4607 of 2026 was filed. Initially order dated 18.02.2026 was passed but it is submitted that interim order was incorrectly vacated by learned writ Court on 24.02.2026. Irreparable loss shall be caused to the appellants in case present appeal is not allowed. 10. Learned counsel for respondents has opposed the appeal and dismissal thereof is sought. 11. We have heard learned counsel for parties, but do not find any ground to cause interference in this appeal challenging interlocutory order, dated 24.02.2026. It is specifically observed by learned Single Bench as under: “Having considered the contents of the written instructions, it transpires that the petitioner had been assigned a Patta (Ex.P.7) and that the petitioner has violated the conditions of the Patta by selling away part of the land to third parties.” 12. Demolition in question has already been carried out at the time of filing writ petition. In the given facts and circumstances, learned writ Court is completely justified in adjourning the matter for pleadings to be completed and then considering matter on merits thereof. 5 HCJ & CGR, J W.A. No: 471 of 2026 13. Learned counsel for appellants is unable to point out any illegality, infirmity or irregularity in impugned order dated 24.02.2026, which calls for interference in exercise of appellate jurisdiction. Writ appeal is accordingly dismissed. There is no expression of opinion on merits of matter, which is within the realm of consideration of learned writ Court. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J akn Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 6 HCJ & CGR, J W.A. No: 471 of 2026 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN Writ Appeal No:471 of 2026 DATE : 14.07.2026 AKN 135