An order of eviction under the Land Encroachment Act must adhere to the principles of natural justice, ensuring that the affected parties are given a fair opportunity to submit explanations and be heard before a final order is passed.

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, direction, order or orders particularly one in the nature of Writ of Mandamus, declaring the action of the 4th Respondent in passing orders dated 15-04-2026, by directing the petitioners to vacate the land, Petitioner land in Sy no. 130, extent of Ac. 1.127 cents, and 2nd Petitioner was in possession of land in Sy no. 130 Extent of Ac. 0.30 cents, Chinnadudyala Village, Muddanur Mandal, Kadapa District in without consider the explanation of the petitioners dated 31-03-2026 and without giving opportunity of personal hearing and without following due process of law and enquiry, is illegal, arbitrary and unlawful, violation of principles of natural justice, and violation of article 14, 19, 21 and 300A of constitution of India and set aside the more same, consequently direct the 4th Respondent not to interfere with the peaceful possession and enjoyment of the petitioners from the subject land 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 stay all further proceeding in pursuance to the orders dated 15-04-2026, passed by the 4th Respondent, pending disposal of the above writ petition and pass

Counsel for the Petitioner(S):

1. S BALA MOHAN RANGA

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 appearing for the respondent Nos. 1 to 4.

2. The issuance of notice to the 5th respondent is dispensed with as no prejudice would cause to him even if it is disposed of in his absence.

3. This Writ Petition is filed questioning the order of the 4th respondent dated 15.04.2026, under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, on the ground that the petitioners have encroached upon the land in an extent of Ac.1.20 cents out of Ac.3.09 cents, situated in Sy.No.130 of Chinnadudyala Village, by raising field bunds and tin sheet shed in the Poramboke (Road).

4. The learned counsel for the petitioners submits that pursuant to the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, dated 24.03.2026, the petitioners have submitted explanation dated 31.03.2026, but the same was not considered while passing the impugned order dated 15.04.2026.

5. On the other hand, the learned Assistant Government Pleader appearing for the respondent Nos.1 to 4, submits that despite the due service of notice, the petitioners have failed to submit any objection/explanation within the stipulated time and no documentary evidence has been produced by them, which was recorded in the impugned order of the 4th respondent dated 15.04.2026. However, if any fresh explanation is submitted by the petitioners, the same would be considered by the 4th respondent, following the due procedure.

6. In view of the above said facts and circumstances, the petitioners are permitted to submit their explanation, by enclosing all the necessary documents in support of their claim to the above said notice of the 4th respondent dated 24.03.2026, within a period of two (02) weeks from the date of receipt of copy of this Order. On receipt of such explanation from the petitioners, a fresh enquiry shall be conducted by the 4th respondent, pursuant to the above said notice dated 24.03.2026, strictly in accordance with law, by hearing all the parties concerned, inc