1 BSB, J W.P. No. 23232 of 2026 APHC010428712026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] Thursday, the 13th day of August, 2026 Present The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 23232 of 2026 Between: 1. Yarrapureddy Subba Reddy ...Petitioner and 1. The State of Andhra Pradesh and others … Respondents Counsel for the petitioner: 1. V.R. Reddy Kovvuri Counsel for the respondents: 1. G.P. for Revenue 2 BSB, J W.P. No. 23232 of 2026 The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 23232 of 2026 O R D E R: The writ petition is filed under Article 226 of the Constitution of India to issue an appropriate writ, order or direction more particularly one in the nature of writ of Mandamus, declaring the notice in ref. No. B / 81 / 2026, dated 30.07.2026 issued by the respondent No.3 under purported exercise of the powers conferred under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (In short “the Act, 1905”) for eviction of the petitioner from the land of Ac.0.09 cents in Sy.No.2499 and Ac.0.19 cents in Sy.No.1751/2 cents of T. Sundupalli village and mandal, Annamayya district as arbitrary, illegal, contrary to the provisions of the Act, 1905 and the well established legal principles, apart from being violative of the fundamental and constitutional rights guaranteed to the petitioner under Articles 14, 19, 21 and 300-A of the Constitution of India, and consequently, set aside the same and pass such other order or orders as are deemed necessary. 2. The main grievance of the petitioner is that, before issuing the impugned notice dated 30.07.2026, said to have been issued under Section 6 of the Act, 1905, obviously, no requisite notice under Section 7 of the Act was issued, and thereby, the mandatory requirement under the Act was not complied. 3. The learned Assistant Government Pleader for Revenue submitted that he had no written instructions as the matter was taken up as „Lunch Motion‟. 4. A perusal of the impugned notice shows that, though it is mentioned as the Section 6, the contents are clearly under section 7 of the Act. For proper appreciation, the notice is extracted below. 3 BSB, J W.P. No. 23232 of 2026 Notice (Issued under section 6 of the A.P. Land Encroachment Act, 1905.) It is brought to my notice that you have encroached the following schedule land unauthorized. The said land belongs to Government. In this connection, it is to inform you that you are required to show cause personally or in writing on 14.08.2026 as to why you shall not be evicted summarily from the land, under section 6(1) of the Andhra Pradesh Land Encroachment Act, 1905, as to why the full assessment in writing shall not be levid on you under section 3(1) or 3(ii) of the said Act, as to why the penalty shall not be imposed on you under section 5 of the act 3 and as to why crops, articles, constructions of house or anything deposited on the land shall not be forfeited to the Government. Revenue Village Survey No. & Sub- Division No. Classific- ation Total Extent in Acres Name of the encroa- cher Extent encroa- ched in Acres Nature of the Encroa- chment T.Sundu- palli 2499 Govern- ment Land 0.09 Yarrapu- reddy Subba Reddy 0.09 Covered with mango trees 1751/1 Dotted Land 0.19 0.19 Tahsildar T.Sundupalli Mandal 5. In view of the same, it might have been mistakenly mentioned as Section 6 instead of Section 7. Moreover, the purport of the notice does not indicate that it is a final order under section 6. 4 BSB, J W.P. No. 23232 of 2026 6. Therefore, this writ petition is disposed of treating the impugned notice dated 30.07.2026 as the notice issued under section 7 of the A.P. Land Encroachment Act, 1905 and providing an opportunity of fifteen (15) days of time from the date of receipt of a copy of this order, to the writ petitioner, to submit his explanation. Thereafter, the respondent No.3 shall pass an order on merits under section 6 of the Act, after providing an opportunity of hearing to the petitioner and answering the grounds raised in the explanation, within a period of two months from the date of receipt of a copy of this order. No order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. ________________________ Justice B.S. Bhanumathi Date: 13.08.2026. JAK Note: Issue C.C. By 20.08.2026. B/o.JAK 5 BSB, J W.P. No. 23232 of 2026 135 The Honourable Ms. Justice B.S. Bhanumathi Writ Petition No: 23232 of 2026 Date:13.08.2026 JAK