APHC010068282026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3233]

(Special Original Jurisdiction)

TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN WRIT PETITION NO: 3883/2026 Between:

1. P MUNILAKSHMI, W/O P. SIVAIAH, AGED ABOUT. 76 YEARS, OCCUPATION. HOUSEWIFE, RESIDING AT PERIMALLAPALLI VILLAGE, VAVILTHOTA, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT.

2. S MT. P. YAMINI,, W/O P. NARESH, AGED ABOUT. 35 YEARS, OCCUPATION. HOUSEWIFE RESIDING AT PERIMALLAPALLI VILLAGE, VAVILTHOTA, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT.

3. S MT. P. NAGAVENI,, W/O P. N, AGED ABOUT. 35 YEARS, OCCUPATION. HOUSEWIFE, RESIDING AT PERIMALLAPALLI VILLAGE, VAVILTHOTA, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, VELAGAPUDI, AMARAVATHI.-522238

2. T HE DISTRICT COLLECTOR, CHITTOOR DISTRICT.-517002

3. T HE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT.-517001

4. T HE TAHSILDHAR, PUTHALAPATTU MANDAL, CHITTOOR DISTRICT.-517124 ...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 a writ, order or direction more particularly one in nature of Writ of Mandamus to declare the action of the Respondent no.4 in issuing the Notice under Section 7 of AP Land Encroachment Act 1905 without jurisdiction. Despite issued house site pattas in favour of petitioner no.2 and 3, interfering with the possession and enjoyment in respect of the land Admeasuring Ac.0.03 Cents in Survey no.527 and contrary to the G.O MS NO. 187, Dt. 27-05-2015 as illegal, arbitrary and violative of principles of natural justice and contrary to law and Article 300 A of constitution of india and consequently set aside the notice issued by respondent no.4 and 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 suspend the notice issued by respondent no.4 and pass Counsel for the Petitioner(S):

1. M.S.BANU PRASAD RAO Counsel for the Respondent(S):

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

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

2. This writ petition is filed questioning the notice issued by the 4^th respondent dated 03.02.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 alleging that the 1^st petitioner is in illegal occupation of the Government land to an extent of Ac.0.10 cents in Sy.No.527 of Vavilthota Village, Puthalapattu Mandal, Chittoor District.

3. The learned counsel for the petitioners submits that the 4^th respondent issued house site pattas for the 3^rd petitioner dated 26.02.2017. But now they have taken the above said impugned action by way of notice dated

03.02.2026.

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, for which, the petitioners shall submit their explanation, if so submitted, the same would be considered by following the due procedure.

5. In view of the above said facts and circumstances, the petitioners are permitted to submit their explanation, enclosing all the necessary documents in support of their claim, within a period of four (04) weeks from the date of receipt of this order to the above said notice of the 4^th respondent dated 03.02.2026. On receipt of the same, the 4^th respondent is directed to proceed with the necessary enquiry pursuant to the above said notice dated 03.02.2026 strictly in accordance with law, by hearing all the parties concerned, including the petitioners, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits