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2026 DAILYLAW 9305 (AP)

PURINI VIJAYA LAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/25260/2026 · 2026-09-06

Subba Reddy Satti

body2026

Judgment text

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APHC010457212026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE 7th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25260/2026 Between: 1. PURINI VIJAYA LAKSHMI, W/O KRISHNA REDDY AGED 43 YEARS AGRICULTURIST R/O DOOR NO 1 293 BESIDE RAMALAYAM TEMPLE MOTUMALA VILLAGE KOTHAPATNAM MANDAL PRAKASAM DISTRICT AP 523286 2. PURINI KRISHNA REDDY, S/O SIVA RAMI REDDY AGED 50 YEARS AGRICULTURIST R/O DOOR NO 1 293 BESIDE RAMALAYAM TEMPLE MOTUMALA VILLAGE KOTHAPATNAM MANDAL PRAKASAM DISTRICT AP 523286 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT AP SECRETARIAT VELAGAPUDI GUNTUR DISTRICT AP 522238 2. THE DISTRICT COLLECTOR, PRAKASAM DISTRICT ONGOLE AP 523001 3. THE REVENUE DIVISIONAL OFFICER, ONGOLE REVENUE DIVISION PRAKASAM DISTRICT AP 523001 4. THE TAHSILDAR, KOTHAPATNAM MANDAL PRAKASAM DISTRICT AP 523286 5. THE VILLAGE REVENUE OFFICER, MOTUMALA VILLAGE KOTHAPATNAM MANDAL PRAKASAM DISTRICT AP 523286 6. PURINI YANADI REDDY, S/O RAGHAVA REDDY AGED 60 YEARS EX MPTC R/O MOTUMALA VILLAGE KOTHAPATNAM MANDAL PRAKASAM DISTRICT AP 523286 7. PURINI SRINIVASA REDDY, S/O SANKARAIAH AGED 45 YEARS CARPENTER R/O MOTUMALA VILLAGE KOTHAPATNAM MANDAL PRAKASAM DISTRICT AP 523286 ...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 the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing Notice in Rc No B 218 2026 dated 15 07 2026 against the petitioners and the respondents 4 to 7 in trying to destroy the Groundnut and other crops cultivated by them and in interfering with the peaceful possession and enjoyment of the petitioners over their agricultural lands in an extent of Ac 5 16 cents in Survey No 465 A and LP No 3306 in Motumala Village of Padarthi Revenue Village of Tangutur Mandal Prakasam District despite the D Form 7 Patta DK No 71 1415 dated 07 04 2007 issued by erstwhile 4th respondent in favour of the 1st petitioner and D Form 7 Patta dated 07 04 2007 issued by erstwhile 4th respondent in favour of Purini Siva Ramaiah who is father of the 2nd petitioner in an extent of Ac 2 50 cents of land each in Survey No 465 A respectively as illegal arbitrary without the process of law and against principles of natural justice and also in violation of Articles 14 21 and 300 A of the Constitution of India and to set aside the Notice in Rc No B 218 2026 dated 15 07 2026 issued by the 4th respondent to the petitioners and consequently direct the respondents 4 to 7 not to destroy the Groundnut and other crops cultivated by the petitioners and not to interfere with their peaceful possession and enjoyment over the writ schedule agricultural lands 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 Notice Rc. No.B/218/2026, dt. 15-07-2026 of the 4th respondent to petitioners in extent of Ac.2-50 cents of writ schedule agricultural lands each in Survey No. 465/A and L.P. No.3306 in Motumala Village of Padarthi Revenue Village of Tangutur Mandal, Prakasam District respectively, pending disposal of the writ petition IA NO: 2 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 direct the respondents 4 to 7 not to destroy the Groundnut and other crops cultivated by the petitioners, not to interfere with their peaceful possession and enjoyment over the writ schedule agricultural lands in extent of Ac. 2-50 cents of writ schedule agricultural lands each in Survey No. 465/A and L.P. No. 3306 in Motumala Village of Padarthi Revenue Village of Tangutur Mandal, Prakasam District respectively, pending disposal of the writ petition Counsel for the Petitioner(S): 1. SS RAMA KRISHNA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following order: Heard Sri S. Rama Krishna Prasad, learned counsel for petitioners and Sri Divya Teja, learned Assistant Government Pleader for Revenue for respondents 1 to 5. The notice in respect of respondents 6 and 7 is dispensed with since no adverse order has been passed affecting their rights or interest. 2. The grievance of the petitioners is that the 4th respondent issued a notice under Section 7 of the Andhra Pradesh Land Encroachment Ac, 1905, vide R.C.No.B/218/2026 dated 15.07.2026 (Ex.P1) to the 1st petitioner, pointing out encroachments. Petitioners submitted explanations dated 01.08.2026 (Ex.P13) and 14.08.2026 (Ex.P14). However, without considering the same, the 4th respondent is trying to dispossess the petitioners from an extent of Ac.5.16 cents in Sy.No.465/A and L.P.No.3306, Motumala Village of Padarthi Revenue Village, Tangutur Mandal, Prakasam District. 3. Learned counsel for the petitioners would submit that, without passing any order under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, the 4th respondent is trying to dispossess the petitioners from an extent of Ac.5.16 cents in Sy.No.465/A and L.P.No.3306, Motumala Village of Padarthi Revenue Village, Tangutur Mandal, Prakasam District. Page 4 of 5 4. Sri Divya Teja, learned Assistant Government Pleader for Revenue, on the other hand, on instructions, would submit that the 4th respondent will consider the explanations submitted by the petitioners and pass appropriate orders by affording an opportunity of hearing to the petitioners. 5. 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 both the learned counsel, directing the 4th respondent to pass appropriate orders pursuant to Ex.P1 notice and Exs.P13 and P14 explanations, by affording an opportunity of hearing to the petitioners. The 4th respondent shall complete the entire exercise as expeditiously as possible. The 4th respondent shall not interfere with an extent of Ac.5.16 cents in Sy.No.465/A and L.P.No.3306, Motumala Village of Padarthi Revenue Village, Tangutur Mandal, Prakasam District, till a reasoned order is passed without following due process. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 07.09.2026 SNI 101 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 25260 OF 2026 Date: 07.09.2026 SNI