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2025:APHC:59184

APHC010714892025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3208]

(Special Original Jurisdiction)

WEDNESDAY,THE THIRTY FIRST DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE D RAMESH

WRIT PETITION NO: 36588/2025

Between:

1. RAMALINGAM RAMAKRISHNA, AS

...PETITIONER

AND

1. THE STATE OF AP, AS

...RESPONDENT

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

IA NO: 1 OF 2025

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

Counsel for the Petitioner:

1. K INDIRA GOLDA

Counsel for the Respondent:

1.

The Court made the following:

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2025:APHC:59184

THE HONOURABLE SRI JUSTICE D.RAMESH

WRIT PETITION No.36588 OF 2025

ORDER:

The present Writ Petition is filed under Article 226 of the Constitution of

India seeking the following relief:

“…to issue a Writ, Order or direction more particularly one in

the nature of Writ of Mandamus declaring the notice issued by

the 4^th respondent U/s 7 of Land Encroachment Act, 1905 vide

proceedings Rc.No.B/284/2025 dated 24.12.2025, served on

the petitioner on 26.12.2025, alleging that the petitioner has

encroached Government land admeasuring Acres 0.35 cents in

Sy.No.817 situated at Padarathi Revenue Village, Kothapatnam

Mandal, Prakasham District and containing threatens of levy of

tax/penalty under Section 3 and removal of structures and

thereby acting in a predetermined manner and calling upon him

to show cause by 31.12.2025, which is unreasonable time of 4

days from the date of receipt of impugned notice, apart from

knowing very that the Pattadhar Passbook was issued way

back in 1992 to the said land as the same is part and parcel of

the land admeasuring Acres 1.89 cents in Sy.No.817 situated

at Padarathi Revenue Village, Kothapatnam Mandal,

Prakasham District, in favour of the petitioner mother as illegal,

arbitrary, contrary to the provisions of the A.P.Land

Encroachment Act, 1905 violative of Article 14, 21 and 300-A of

Constitution of India, consequently set aside the same and

pass such other order or orders…”

2. The short grievance of the petitioner is that the respondent authorities

granted DKT patta in favour of petitioner’s mother in the year 1987 in respect

of land admeasuring Ac1.89 cents in Sy.No.817 at Padarthi Revenue Village,

Kothapatnam Mandal, Prakasam District. Since the date of grant, petitioner’s

family has been in peaceful possession and enjoyment of the said property.

Upon demise of petitioner’s mother, petitioner succeeded to the said property.

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2025:APHC:59184

Be that as it may, petitioner approached respondent No.4 seeking mutation of

his name in revenue records. However, to the utter surprise of the petitioner,

the respondent No.4 issued notice dated 24.12.2025, under Section 7 of the

Land Encroachment Act, (for short the ‘Act’) alleging that petitioner

encroached the Government land. Assailing the said notice, present writ

petition has been filed.

3. Heard Ms.K.Indira Golda, learned counsel for petitioner and learned

Assistant Government Pleader for Revenue for respondents.

4. Learned counsel for the petitioner submits that though the notice is

dated 24.12.2025, the same was served on the petitioner on 26.12.2025,

granting time upto 31.12.2025 to submit an explanation. The period so

granted is not in accordance with the provisions of the Act. Though the time

granted was insufficient, the petitioner submitted explanation on 30.12.2025.

5. The learned Assistant Government Pleader for the Revenue, appearing

on behalf of the respondents, submits that the respondents will consider the

petitioner’s explanation in accordance with law.

6. Considering the said submissions, and in view of the fact that sufficient

time was not granted to the petitioner to submit his explanation, the petitioner

is granted liberty to file fresh explanation/objections within two (02) wee