APHC010352172026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Wednesday, the 5th day of August, 2026 Present The Honourable Ms. Justice B. S. Bhanumathi Writ Petition No: 18786 of 2026 Between: Shaik Mohammed Rafi ... Petitioner and The State of Andhra Pradesh and others ... Respondents Counsel for the petitioner: 1. Jitendra Kanyalur Counsel for the respondents: 1. G.P. for Revenue 2 BSB,J W.P. No.18786 of 2026 ORDER: The writ petition is filed under Article 226 of the Constitution of India, to issue a writ, order or a direction, more particularly one in the nature of writ of Mandamus, by directing the respondents not to dispossess the petitioner from the lawful, peaceful enjoyment of the subject property viz: RCC roofed residential houses bearing door Nos.9-81, 9-83 and 9-82 respectively each admeasuring Ac. 0.03 cents approximately, vide plot Nos.2, 3 and 16 situated in Sy.No. 463, Nimmanapalle Village, Nimmanapalle Mandal, Annamayya District (erstwhile Chittoor District), with boundaries: East: house of Malin Bee and other neighboring houses, West: Kandur Road, North: house of Talanki Subbaraju Chetty and South: house of Reddyvari Krishnamma, together with doors, windows, electricity service connections, water connections and all appurtenant rights attached thereto (herein after referred as ‘subject properties’ and to pass such other order as is deemed fit. 2. The case of the petitioner, briefly stated, is as follows: The petitioner and several poor persons of minority community and weaker sections have been living in the subject land by raising small houses since 1960. They have water connections and have been paying house taxes. However, recently, the respondents started threatening to interfere with the possession of the petitioner and others to demolish the houses, for the purpose of allotment to third parties. Statutory legal notice, dated 30.05.2026, was caused to be served on the Mandal Revenue Officer, Nimmanapalle Mandal. Even then, due to the political influence, the respondents are causing unnecessary trouble to the petitioner and the others. As there is no other go, this writ petition was filed. 3 BSB,J W.P. No.18786 of 2026 3. Sri G. Divyatheja, learned Assistant Government Pleader for Revenue, placed on record a copy of written instructions of the respondent No. 5, vide ROC.A / 173 / 2026, dated 12.07.2026. The written instructions are enclosed with photostat copies of the letter of Mandal Parishad Development Officer, Nimmanapalle, vide R.O.C. No. B / 144 / 2025, dated 02.08.2025 and the letter of Deputy Executive Engineer, (R & B) Sub-divisiion, Mandapalle vide Lr. No.DEE / MPL / Encroachment / 2024-25, dated 06.06.2025 and the notice addressed to the petitioner vide Notice No. 71 / 2025, dated 04.08.2025. 4. The learned counsel for the petitioner denied service of any such notice on the petitioner and requested to protect the interest of the petitioner. 5. In response thereto, the learned Assistant Government Pleader for Revenue submitted that already notice had been served on the petitioner, but no explanation had been submitted to the notice and that the issuance of notice has been suppressed in the writ petition. 6. Upon considering the submissions made by both the parties and the material placed on record, this Court is of the view that since no order under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (in short ‘the Act, 1905) has been passed so far, even according to the written instructions, it is appropriate to dispose of the writ petition with appropriate directions. 7. Accordingly, the writ petition is disposed of granting liberty to the petitioner to submit explanation to the notice dated 04.08.2025 under Section 7 of the Act, 1905, within fifteen (15) days from the date of receipt of copy of this order and thereafter, the respondent 4 BSB,J W.P. No.18786 of 2026 No. 5, by providing opportunity of hearing and considering the explanation and documents, if any, submitted by the petitioner, shall pass an order under Section 6 of the Act, 1905. Till such time, the respondents shall maintain status quo with regard to the subject properties. Pending miscellaneous applications, if any, shall stand closed. ________________________ JUSTICE B.S. BHANUMATHI Dated: 05.08.2026 NSM 5 BSB,J W.P. No.18786 of 2026 38 The Honourable Ms. Justice B.S.Bhanumathi Writ Petition No: 18786 of 2026 Dated: 05.08.2026 NSM