APHC010414892026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the 6th day of August, 2026 Present Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 22348 of 2026 Between: Pinnaboyina Tirupathi Rao ... Petitioner and The State of Andhra Pradesh and others ... Respondents Counsel for the petitioner: 1. M. M. M. Srinivasa Rao Counsel for the respondents: 1. G.P. for Revenue The Court made the following: 2 BSB,J W.P. No. 22348 of 2026 ORDER: The writ petition is filed under Article 226 of the Constitution of India, to issue a writ or direction, preferably writ of Mandamus, declaring impugned notice vide R.C.B.233 / 2025, dated 03.08.2026 (received by the petitioner on 05.08.2026) issued by the respondent No.4, wherein the petitioner was directed to remove thorny creeper within 24 hours, as illegal, arbitrary, unilateral, without jurisdiction, violative of the principles of natural justice and Article 300-A of the Constitution of India; and consequently set-aside the impugned notice, dated 03.08.2026; and further direct the respondents not to interfere with the petitioner's peaceful possession and enjoyment of the subject property 2. The case of the petitioner, briefly stated, is as follows: a. The petitioner is an absolute owner and possessor of the land situated in Sy. No. 41 / 1A, Kambhampadu Village, A. Konduru Mandal, N.T.R. District admeasuring an extent of 1 acre. The subject land was acquired by the petitioner under a registered sale deed bearing document No. 6749 of 2024, dated 01.04.2024. The subject land was covered by thorny creeper, which was fenced, eight years back before purchase, for safety of Papaya trees. b. While things stood thus, the respondent No. 5 and his family members lodged a complaint, through P.G.R.S., alleging that the petitioner kept thorny creepers in the subject land obstructing ingress and egress to his agricultural land. After receipt of the complaint, without verification of his jurisdiction and following due process of law, the impugned notice dated 03.08.2026 was issued 3 BSB,J W.P. No. 22348 of 2026 to the petitioner directing to remove the thorny creepers within 25 hours from the subject land. Moreover, the issue can be adjudicated only by a competent civil Court. Hence, this writ petition was filed. 3. Sri G. Divyatheja, learned Assistant Government Pleader for Revenue, placed on record a copy of written instructions of the respondent No. 4 vide Rc.B-233 / 2025, dated 03.08.2026, mainly contending that the subject land was originally assigned land, subsequently declared as freehold in the year 2023; and that upon receipt of complaint from the respondent No. 5, a detailed enquiry had been conducted. The enquiry revealed that there was no public pathway, cart-track or donka recorded in the subject land. Hence, the impugned notice was issued to the petitioner for removal of the obstruction to the adjacent ryots to enter into their lands. 4. The learned counsel for the petitioner submitted that, without there being any fair opportunity of hearing, the impugned notice was issued granting only 24 hours to remove the fencing basing on a complaint made by respondent No. 5 to use the land of the petitioner as pathway. 5. In reply, the learned Assistant Government Pleader for Revenue submitted that in the event this Court comes to the conclusion that the impugned notice requires interference for want of sufficient time given, this Court may dispose of the writ petition treating the impugned notice dated 03.08.2026 as providing writ petitioner the time, fixed by this Court, to submit objections and directing the respondent No. 4 to hold enquiry and pass an appropriate order on merits, upon submission of the objections. 4 BSB,J W.P. No. 22348 of 2026 6. In response thereto, the learned counsel for the petitioner requested to pass an appropriate order. 7. Accordingly, the writ petition is disposed of granting liberty to the petitioner to submit objections to the impugned notice dated 03.08.2026, within ten (10) days from the date of receipt of a copy of this order and thereafter, the respondent No. 4 shall provide an opportunity of hearing to the petitioner and the respondent No. 5 and pass order on merit. Till such time, the respondent No. 4 shall not take any further action on the impugned notice, dated 03.08.2026. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 06.08.2026 NSM 5 BSB,J W.P. No. 22348 of 2026 118 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 22348 of 2026 Dated: 06.08.2026 NSM