APHC010448352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE 1st DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24569/2026 Between: 1. VALLAM SANKARAIAH,, S/O VALLAM CHINNANNA, AGED ABOUT 66 YEARS, OCC. FARMER, PEDDADEVARA KUPPAM, AVULAPALLI VILLAGE, PEDDA UPPARAPALLI POST, SOMALA MANDAL, ANNAMAYYA DISTRICT-517257. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522237. 2. THE DISTRICT COLLECTOR, MADANAPALLE, ANNAMAYYA DISTRICT -517325. 3. THE REVENUE DIVISIONAL OFFICER, PILER, ANNAMAYYA DISTRICT - 517214. 4. THE TAHSILDHAR, SOMALA MANDAL, ANNAMAYYA DISTRICT - 517257. 5. POOLA SUNDARAIAH, S/O P.VARADAIAH, AGED ABOUT 78 YEARS, OCC. FARMER, PEDDADEVALA KUPPAM VILLAGE, AVULAPALLI HARIZANAWADA, PEDDA UPPARAPALLI POST, SOMALA MANDAL, ANNAMAYYA DISTRICT-517257 ...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 or Order or Direction more particularly one in the nature Writ of Mandamus declaring the action of the 4th respondent in issuing impugned notice dt.10.06.2026 Under Sec.7 of A.P.Land Encroachment Act, 1905 without following due process of law to the petitioner by the way of erroneously notifying the Sy.No.32/10 to an extent of Ac.0.33 cents in Peddadevala Kuppam, Avulapalli Village, Pedda Upparapalli Post, Somala Mandal, Annamayya District as cart track which is in peaceful possession and enjoyment of the petitioner holding 40 years old sweet lemon and mango trees is illegal, Arbitrary, Un-Constitutional, violation of Articles 14, 21 and 300-A of the Constitution of India and violation of Natural Justice and consequently set aside the impugned notice dt.10.06.2026 Under Sec.7 of A.P.Land Encroachment Act, 1905 issued by the 4th Respondent to the petitioner without following due process of law with regard to the petitioner's property situated in Sy.No.32/10 to an extent of Ac.0.33 in Peddadevala Kuppam, Avulapalli Village, Pedda Upparapalli Post, Somala Mandal, Annamayya District cents as cart track 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 set aside the impugned notice dt.10.06.2026 Under Sec.7 of A.P.Land Encroachment Act, 1905 issued by the 4th Respondent to the petitioner without following due process of law with regard to the petitioner's property situated in Sy.No.32/10 to an extent of Ac.0.33 in Peddadevala Kuppam, Avulapalli Village, Pedda Upparapalli Post, Somala Mandal, Annamayya District cents as cart track Counsel for the Petitioner: 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: Heard Sri D.Kishore Kumar, learned counsel for the petitioner, Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue for the respondents 1 to 4, and Sri Uday, learned counsel for the 5th respondent. Page 3 of 5 2. The above writ petition was filed impugning the notice vide R.O.C.No.A/87/2026 dated 10.06.2026 (Ex.P3) under Section 7 of the Andhra Pradesh Land Encroachment Act, 1908, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the 4th respondent issued notice dated 10.06.2026 (Ex.P3), directing the petitioner to remove the encroachment without an enquiry as contemplated under the provisions of the Andhra Pradesh Land Encroachment Act, 1905. 4. Sri Chandra Sekhar, learned Assistant Government Pleader for Revenue, on instructions, would submit that the notice dated 10.06.2026 (Ex.P3), is only a show cause notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. If the petitioner submits an explanation, the 4th respondent will conduct an enquiry in terms of the Act and pass appropriate orders under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905. 5. In reply, learned counsel for the petitioner would submit that the petitioner will submit an explanation to the notice dated 10.06.2026 (Ex.P3). 6. Given the facts and circumstances of the case, without going into the merits of the matter, the writ petition is disposed of, at the stage of admission, with the consent of all the learned counsel, with the following directions: i) The petitioner shall submit an explanation to the notice dated 10.06.2026 (Ex.P3) within ten (10) days from today, by annexing all the relevant documents. ii) Upon receipt of such explanation, the 4th respondent shall conduct an enquiry by affording an opportunity of hearing to the petitioner and pass a reasoned order. iii) The 4th respondent shall complete the exercise as expeditiously as possible, preferably within a period of six (06) weeks. Page 4 of 5 iv) Till a reasoned order is passed, the 4th respondent shall not interfere with the land mentioned in the notice dated 10.06.2026 (Ex.P3). v) There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 01.09.2026 SNI 86 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24569 OF 2026 Date: 01.09.2026 SNI