The court established that notices for removal of encroachment under the Land Encroachment Act must adhere to the principles of natural justice, requiring the authority to provide an opportunity for explanation and conduct a fair enquiry before taking final action.

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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ Of mandamus declaring action of the 4th respondent in issuing notice Vide R G B 06/2026 dated 23- 04-2026 issued by the 4th respondent under section 6 and 7 of the Land Encroachnnent Act 1905 in respect of land admeasuring Acres 0.0375 Cents in Survey Number 120-2A2 Situated in Alapadu Village, Kaikaluru Mandal, Eluru district where under the 4th respondent without providing any opportunity to the petitioner for explanation directly issuing notice to petitioner to vacate the land in which the petitioner is residing since 1981 on the strength of D-form patta assigned to the father of the petitioner is illegal, arbitrary contrary to the procedure contemplated under land encroachment Act, Violation of Principles of natural justice and consequently set a side the same declaring the petitioner is not an encroacher but rightful possessor in the light of the D-Form patta issued to the petitioners father and pass such

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 may be pleased to grant stay of all further proceedings pursuant to the notice Vide R.C.B 06/2026 dated 23-04-2026 issued by the 4th respondent under section 6 & 7 of the Land Encroachment Act 1905 in respect of land admeasuring Acres 0.0375 Cents in Survey Number 120-2A2 Situated in Alapadu Village Kaikaluru Mandal, Eluru district and to pass such

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 notice issued by the 4th respondent dated 23.04.2026 for removal of encroachment, alleging that the petitioner encroached upon the Government land as detailed therein and calling for removal of the same within 7 days from the date of receipt of the said notice.

3. The learned counsel for the petitioner submits that without giving any opportunity to submit explanation and without conducting any enquiry, straightaway the 4th respondent issued the above said notice dated 23.04.2026 to be read as notice under Section 6 and 7 of the Andhra Pradesh Land Encroachment Act, 1905 (hereinafter referred as “the Act”).

4. On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents submits that it can be treated as notice under Section 7 of the Act dated 23.04.2026 and if the petitioner makes an explanation to it, the same will be considered by the said authority, following the due procedure.

5. In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation, enclosing all the necessary documents in support of his claim to the above said notice dated 23.04.2026 within a period of four (04) weeks from the date of receipt of this order. Upon receipt of the same, the 4th respondent is directed to proceed with the necessary enquiry, pursuant to the above said notice dated 23.04.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioner, giving due opportunity, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits as expeditiou