THE HON'BLE SRI JUSTICE E.V.VENUGOPAL WRIT PETITION No.32674 of 2025

ORDER :

This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief:

“...pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 4^th and 5^th respondents in issuing the impugned notice dated 25.10.2025 in file No.A/134/2016/2025 directing the petitioners to dismantle their shops constructed on the main road at Madanapuram village by 31.10.2025 and notice dated 24.10.2025 issued by the 5^th respondent in threatening to demolish the shops of the petitioners by initiating the proceedings U/Sec 5 and 6 of Land Encroachment Act, 1905 though the petitioners constructed the shops only on their purchased land in Sy.No.40 by obtaining construction permission from the Grampanchayat and without initiating any kind of proceedings as against the other number of shops which are situated abutting to the 5th respondent Market committee even before the shops of the petitioners as illegal unlawful contrary to law and consequently direct the respondents to conduct survey of the land in Sy.No.39 and 40 and take action as against the actual encroachers upon the land of the 5^th respondent market committee by withdrawing the above impugned notices...”

2. Heard Sri M.Damodar Reddy, learned counsel for the petitioners, Sri L.Ravinder, learned Assistant Government Pleader for Revenue, for respondent Nos.1 to 4 and Sri Uma Shankar, learned Standing Counsel appearing for respondent No.5 and perused the record

3. Learned counsel appearing for the petitioners would submit that originally the land in Sy.No.40/1/2/A1 was belonging to Boya Chennaiah, Boya Krishnaiah and others and however, they got converted the same as non- agricultural land and divided the said land into plots and accordingly, Plot No.1/A, admeasuring 111 Sq.yards was purchased by the petitioners by registered sale deed bearing document no.1957/2021, dated 18.10.2021. Subsequently, the petitioners having obtained construction permission dated 08.01.2024 constructed the shops on the main road which leads from Madanapuram to Atmakur and the petitioners got assessed the same in the Grampanchayat records as shops and they have been paying the property tax to the Grampanchayat and at present, the tenants of the petitioners have been running Medical, Welding, Electrical and Fast Food centres. The construction of the above shops is by obtaining Grampanchayat permission and the petitioners constructed the said shops in the year 2021 itself. While making the construction of said shops, the petitioners followed only the approval plan of Grampachayat and towards Plot No.1 in Sy.No.40 is situated towards West side of the said shops of the petitioners.

4. Later on, respondent No.4 issued notice dated 13.10.2025 in File No.A/134/2016-25 by aligning that the petitioners have unauthorizedly occupied the market yard land of respondent No.5 in Sy.No.39 which is said to be Government land allotted to respondent No.5 Market Committee and constructed the shops thereon. In fact, the shops of the petitioners are within the land covered by land in Sy.No.40 which is abutting to land in Sy.No.39 which is belonging to respondent No.5 Market Committee. While making the construction of above shops by obtaining construction permission, respondent No.5 Market Committee have not objected the construction and however, after expiry of nearly 4 years, respondent No.4 issued notice dated

13.10.2025 only based upon adverse news item published in Eenadu Telugu Daily dated 01.10.2025 to the effect that the petitioners are belonging to BRS party and they encroached upon market yard land in Sy.No.39 and made the constructions of the shops. Respondent No.4 without conducting any survey by giving notice to the petitioners basing on the news item is illegal.

5. The petitioners’ submitted explanation by enclosing all relevant documents on 16.10.2025 to the said n