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2026 DAILYLAW 7642 (AP)

NANDAVARAM CHITTEMMA v. THE STATE OF ANDHRA PRADESH

WP/20852/2026 · 2026-08-16

Subba Reddy Satti

body2026

Judgment text

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APHC010383112026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE 17th DAY OF AUGUST 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 20852/2026 Between: 1. NANDAVARAM CHITTEMMA, W O N.SREENIVASULU AGE 41 YEARS, OCC HOUSE WIFE R O 3-96-117-1, DUDEKONDA, PATHIKONDA MANDAL KUMOOL DISTRICT 518380 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT 522237 2. THE DISTRICT COLLECTOR, KUMOOL, KUMOOL DISTRICT 518001 3. THE REVENUE DIVISIONAL OFFICER, PATHIKONDA, KUMOOL DISTRICT 518001 4. THE TAHSILDHAR, PATHIKONDA MANDAL, KUMOOL DISTRICT 518380 5. THE DUDEKONDA GRAM PANCHAYATH, REP BY ITS PANCHAYATH SECRETARY PATHIKONDA MANDAL, KUMOOL DISTRICT 518380 ...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, Order or direction more particularly one in nature of Writ of Mandamus declaring Proceedings Rc.No.B/15/2026 dt.20.07.2026 initiated by the Respondent No.4 by invoking Section 7 of Andhra Pradesh Land Encroachment Act, 1905 thereby making efforts to evict Petitioner from her Open Site in Survey No.901 admeasuring an extent of 3 Cents situated at Dudekonda Gram Panchayath Area, Kumcol District by demolishing Petitioners Premises bearing No. 3-96-117-1 as illegal, arbitrary, voilative of Articles 14, 21, 300-A of Constitution of India and set aside the same and consequently direct the Respondents 2 to 5 to not evict Petitioner from her Open Site in Survey No.901 admeasuring extent of 3 Cents situated at Dudekonda Gram Panchayath Area, Kumool District by demolishing Petitioners Premises bearing No.3-96-117-1 constructed thereon and to pass IA NO: 1 OF 2026 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased suspend the operation of Proceedings Rc.No.B 15 2026 dt.20.07.2026 issued by the Respondent No.4 by invoking Section 7 of Andhra Pradesh Land Encroachment Act, 1905 and to pass Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent(S): 1. The Court made the following: ORDER Heard Sri N.Chandra Sekhar Reddy, learned counsel for the petitioners, and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 4. 2. The 4th respondent issued notice under Section 7 of the A.P. Land Encroachment Act, 1905 (for short “the Act”) vide Rc.No.221/2026, dated 10.07.2026 (Ex.P3), pointing out that the petitioner encroached upon Ac.0.03 cents in S.No.901 of Dudekonda village, Pathikonda Mandal. The petitioner submitted an explanation dated 20.07.2026. The 4th respondent again issued notice under Section 7 of the Act, vide Rc.B.15/2026, dated 20.07.2026, pointing out that the petitioner encroached upon 0.04½ cents in S.No.901 of Dudekonda village, Pathikonda Mandal. 3. Learned counsel for the petitioner would submit that without considering the explanation submitted by the petitioner, the 4th respondent is attempting to dispossess the petitioner. 4. Sri Divya Teja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4 would submit that the 4th respondent will consider the explanation submitted by the petitioner, and if necessary, after affording an opportunity of hearing to the petitioner, will pass appropriate orders as per law. 5. Given the facts and circumstances of the case, keeping the writ petition pending and inviting a counter will not serve any purpose. 6. Accordingly, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the 4th respondent to consider the explanation dated 20.07.2023 (Ex.P3) submitted by the petitioner and pass a reasoned order as per the procedure laid down under the Act. The 4th respondent during the enquiry shall provide an opportunity of hearing to the petitioner. The 4th respondent shall complete the entire exercise within a period of four weeks from the date of receipt of a copy of this order. Till an order is passed, the 4th respondent shall not take any coercive action vis-à-vis the land mentioned in the notices. No order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD