The court established that any dispossession from land, even in cases of alleged government encroachment, must be executed strictly following the due process of law, ensuring the party in possession is given a fair hearing.

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 the nature of a Writ of Mandamus declaring the action of the respondents, especially respondent No. 4, in interfering with the petitioner's peaceful possession and enjoyment of the property admeasuring Ac. 0.98 cents in Survey No. 246/2 of Vedanthapuram Village, Tirupati Rural Mandal, Tirupati District, as well as interfering with the construction of a cattle shed therein, as illegal, arbitrary, and violative of Article 300 A of the Constitution of India, consequentially direct the respondents, particularly respondent No. 4, to forthwith refrain from interfering with the construction of the cattle shed on an extent of Ac. 0.05 cents out of the said Ac. 0.98 cents in in Sy. No. 246/2 of Vedanthapuram Village, Tirupati Rural Mandal, Tirupati District forthwith

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 respondents, particularly respondent No. 4, to forthwith refrain from interfering with the constructign of the cattle shed on an extent of Ac. 0.05 cents out of the said Ac. 0.98 cents in in Sy. No. 246/2 of Vedanthapuram Village, Tirupati Rural Mandal, Tirupati District forthwith pending disposal of the above writ petition

The Court made the following Order:

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

2. This writ petition is filed questioning the action of the 4th respondent in interfering with the petitioner’s peaceful possession and enjoyment of the property admeasuring Ac.0.91 cents in Sy.No.246/2 of Vedanthapuram Village, Tirupati Rural Mandal, Tirupati District as well as interfering with the constructions of a cattle shed therein.

3. The learned counsel for the petitioner refers to the enjoyment certificate issued by the 4th respondent dated 25.07.1992 stating that, she has got settlement patta land in Vedantapuram Village to an extent of Ac.0.91 cents in Sy.no.246-2. He also refers to one entry of record of right to show the name of the petitioner with the above settlement patta No. vide S.R.No.30/11(a)74 CTR.

4. On the other hand, the learned Assistant Government Pleader relying upon the written instructions of the 4th respondent dated 29.04.2026 submits that the field inspection and survey report clearly reveal that the petitioner encroached upon channel poramboke land and commenced construction of cattle shed therein. Such unauthorized occupation and construction constitute encroachment on the government land and are liable for removal under the provisions of the Andhra Pradesh Land Encroachment Act, 1905. The action of the revenue authorities is thus lawful and in discharge of their statutory duty to protect the government land. The subject land is included in the prohibitory list under Section 22-A(1)(b) of the Registration Act, 1908 which prohibits registration or alienation of government lands. The land being a water body is required to be protected and preserved in the larger public interest in terms of the Public Trust Doctrine. The subject land is vested with the government, situated in proximity to the National Highway and is highly valuable.

5. In view of the above said facts and circumstances, recording the said instructions of the 4th respondent dated 29.04.2026 and the respondent Nos.2 to 4 are directed to deal with the subject land stric