APHC010094352026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 5351/2026 Between:

1. M AROTHU SURESH, S/O MAROTHU GANGAIAH, AGED 39 YEARS, R/O. LEBAKAVARIPALLI,VATHALURU, PULLAMPET MANDAL, TIRUPATI DISTRICT, A.P - 516107.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, A.P SECRETARIAT OFFICE VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. - 522238.

2. T HE DISTRICT COLLECTOR, TIRUPATI DISTRICT, TIRUPATI. -

517503.

3. T HE REVENUE DIVISIONAL OFFICER, TIRUPATI, TIRUPATI MANDAL,TIRUPATI DISTRICT. - 517501.

4. T HE TAHSILDAR, PULLAMPET MANDAL, TIRUPATI DISTRICT. -

516107.

...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 topleased to issue an order, direction or writ, more particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in making audacious attempt to evict the petitioner from his land in Survey No. 496/2, admeasuring Ac. 4.86 cents situated at Thippayapalli Village, Pullampet Mandal, Tirupati District without considering the explanation submitted the petitioner dated 18.02.2026 to the Notice vide Ref.B/69/2026 dated 16.02.2026, as arbitrary, illegal, contrary to principles of natural justice and violative of Articles 14, 21 and 300A of the Constitution of India, and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the schedule property except by due process of law, and to pass 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 pleased to direct the 4th Respondent not to interfere with the possession and enjoyment of the land admeasuring Ac. 4.86 cents in Survey No. 496/2 of Thippayapalli Village, Pullampet Mandal, Tirupati District pending disposal of the above writ petition and to pass Counsel for the Petitioner:

1. KAMBYAGARI SAIPRATAP Counsel for the Respondent(S):

1. GP FOR REVENUE The Court made the following Order:

Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents.

2. This writ petition is filed questioning the encroachment notice issued by the 4^th respondent dated 16.02.2026 by not considering the representation of the petitioner dated 18.02.2026 alleging that the petitioner encroached upon the subject land as detailed in the above said encroachment notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 dated

16.02.2026.

3. The learned counsel for the petitioner submits that the petitioner gave explanation dated 18.02.2026, but the same is not considered so far and the

4^th respondent is threatening to take highhanded action.

4. On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that it is only a notice issued by the 4^th respondent and the explanation of the petitioner, if any, will be considered by the 4^th respondent, following the due procedure.

5. In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation, if any, enclosing all the necessary documents, in support of his claim to the above said notice of the 4^th respondent dated 16.02.2026 within a period of four (04) weeks from the date of receipt of this order. On receipt of such explanation from the petitioner, the

4^th respondent shall proceed with the necessary enquiry, pursuant to the above said notice dated 16.02.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioner and others concerned, upon verification of the records and the subject land, appropriate decision s