Shakeena Bee Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

Shakeena Bee Vs the State of Andhra Pradesh — Writ and Judicial Review | Andhra Pradesh HC (2026)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions: petitioner permitted to submit explanation with supporting documents to the 4th respondent's Section 7 notice (dated Nil) within four weeks; the 4th respondent to conduct the enquiry strictly in accordance with law, hearing all parties and verifying the records and the land, and decide on its own merits preferably within four months; status quo as on the date of the order to be maintained pending enquiry; enquiry to be uninfluenced by the local MLA's letter; no order as to costs; pending interlocutory applications (IA Nos. 1 to 3 of 2026) closed.

Issue for consideration

Whether the notice issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 by the 4th respondent in respect of Ac.2.04 cents in Sy.No.146 of Sivunikuppam Village, V.Kota Mandal, Chittoor District, alleging it is Government land encroached upon by the petitioner, is illegal, arbitrary and without jurisdiction. +1 more

Court's answer

The petitioner is permitted to submit her explanation, enclosing all necessary documents in support of her claim, to the 4th respondent's notice issued under Section 7 of the Act (dated Nil) within a period of four weeks from the date of receipt of a copy of the order.

Ratio / Principle

On receipt of such explanation, the 4th respondent shall proceed with the necessary enquiry pursuant to the Section 7 notice strictly in accordance with law, hearing all the parties concerned including the petitioner, verifying the records and the subject land, and take an appropriate decision on its own merits, as expeditiously as possible, preferably within four months thereafter.

Key takeaways

Pending the enquiry, status quo as on the date of the order shall be maintained with respect to the subject land covered under the impugned notice issued by the 4th respondent under Section 7 of the Act.ratio¶42
The enquiry shall be held uninfluenced by the letter of the local MLA and any representation, independently and on merits only, and the 4th respondent shall take the appropriate decision on that basis.ratio¶42
The Writ Petition is disposed of with the above directions; there shall be no order as to costs, and pending interlocutory applications stand closed as a sequel.

Detailed headnote1 paragraphs

Article 226 — Writ Petition against Tahsildar's notice under S.7, Andhra Pradesh Land Encroachment Act, 1905 — Ac.2.04 cents in Sy.No.146 of Sivunikuppam Village, V.Kota Mandal, Chittoor District alleged to be Government land encroached upon by the petitioner — impugned notice dated 27.01.2026 issued at the behest of a complaint to the local MLA dated 17.01.2026 without verifying records — petitioner relied on D. Form 7 dated 25.06.1988, pattadar passbook and title deed (Khata No.669), Form-1B dated 14.05.2020 and Adangal copies dated 27.07.2016 showing her name in the revenue entries — Held, disposing of the writ petition: petitioner permitted to submit explanation with all supporting documents to the S.7 notice (dated 'Nil') within four weeks; Tahsildar to hold enquiry strictly in accordance with law, hearing all parties and verifying the records and the land, and decide on its own merits preferably within four months; status quo as on the date of the order to be maintained pending enquiry; enquiry to be uninfluenced by the MLA's letter and held independently on merits; no order as to costs; pending IAs closed.

APHC010235012026

IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

(Special Original Jurisdiction)

[3233]

TUESDAY,THE FIFTH DAY OF MAY TWO THOUSAND AND TWENTY SIX

PRESENT

THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN

WRIT PETITION NO: 12641/2026

Between:

SHAKEENA BEE, W/O AMEER SAHEB, AGED ABOUT 67 YEARS, OCC AGRICULTURE R/O D.NO.3-37, CHINTALA YELLAGARAM, VENKATAGIRI KOTA, CHITTOOR DISTRICT.

...PETITIONER

AND

THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. -522020

THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, ANDHRA PRADESH._517001

THE REVENUE DIVISIONAL OFFICER, PALAMANER REVENUE DIVISION, CHITTOOR DISTRICT, ANDHRA PRADESH. 517001

THE TAHSILDAR, VENKATAGIRI KOTA MANDAL, V.KOTA, CHITTOOR DISTRICT, ANDHRA PRADESH. 517001

THE MANDAL SURVEYOR, VENKATAGIRI KOTA MANDAL TAHSILDAR OFFICE, V.KOTA, CHITTOOR DISTRICT, ANDHRA PRADESH. 517001

...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 an appropriate Writ, Order or direction, more particularly one in the nature of Writ Of Certlorarified Mandamus i) declaring the action of the Respondent Authorities in unilaterally altering the Revenue Records in respect of the Petitioners land ad measuring Ac.2.04 Cents

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situated in Sy.Nos.146 of Sivunikuppam Village, Chittoor District, without any authority or proceedings, notice and hearing ii) Calling for records in the Proceedings covered by the Notice dated Nil invoked by the Respondent Tahsildar under the Andhra Pradesh Land Encroachment Act, 1905 as illegal, arbitrary, wholly without jurisdiction and violative of principles of natural justice and Articles 14, 19, 21 and 300A of the Constitution of India and quash the same and further, direct the Respondent Authorities to restore the Petitioners name in the Revenue Records as against the land ad measuring Ac.2.04 Cents situated in Sy.Nos.146 of Sivunikuppam Village, Chittoor District and direct Respondent Authorities not to interfere with Petitioners possession and enjoyment over the same (land ad-measuring Ac.2.04 Cents situated in Sy.Nos.146 of Sivunikuppam village) and pass such other order or orders as this Honble Court may deem fit and proper in the circumstances of the case, 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 may be pleased to suspend the illegal entries made by the Respondent Tahsildar in respect of the Petitioner’s land ad-measuring Ac.2.04 Cents situated in Sy.Nos.146 and of Sivunikuppam Village, Chittoor \ District as “Vaagu Poramboke” by replacing illegal entries with the Petitioner’s name, pending disposal of the Writ Petition and pass

IA NO: 2 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 direct the Respondents not to interfere with Petitioners possession and enjoyment over the land ad measuring Ac.2.04 Cents situated in Sy.Nos.146 of Sivunikuppam Village, Chittoor District, pending disposal of the Writ Petition and pass

IA NO: 3 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 dispense with filing of the Certified Copy of the Notice dated “Nil” invoked by the Respondent Tahsildar under the Andhra Pradesh Land Encroachment Act, 1905 and pass

Counsel for the Petitioner:

1.M R K CHAKRAVARTHY

Counsel for the Respondent(S):

3

1.GP FOR REVENUE

4

The Court made the following ORDER:

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

This Writ Petition is filed questioning the notice issued under Section 7

of the Andhra Pradesh Land Encroachment Act, 1905 (“the Act”) by the 4^th respondent for the subject land to an extent of Ac.2.04 cents in Sy.No.146 of Sivunikuppam Village, V.Kota Mandal, Chittoor District and alleging that it is a Government land and the petitioner encroached upon the same.

The learned counsel for the petitioner refers to the D. Form 7, dated 25.06.1988 for the subject extent, the pattadar passbook and the title deed vide Khata No.669 and Form-1B dated 14.05.2020 and the Adangal copies dated 27.07.2016 are showing the petitioner’s name in the revenue entries. Only at the behest of the complaint given to the local MLA dated 17.01.2026 and without even verifying the records, the impugned notice dated 27.01.2026 was issued by the 4^th respondent. Consequently, Section 7 notice was also issued under the Act.

On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that it is only a notice issued under Section 7 of the Act and if the petitioner submits explanation to it, the same would be considered by the 4^th respondent, following the due procedure.

In view of the above said facts and circumstances, the petitioner is permitted to submit her explanation, by enclosing all the necessary documents in support of her claim to the above said notice of the 4^th respondent issued

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under Section 7 of the Act, dated Nil, within a period of four (04) weeks from the date of receipt of copy of this Order. On receipt of such explanation from the petitioner, the 4^th respondent shall proceed with the necessary enquiry, pursuant to the above said notice issued under Section 7 of the Act, dated Nil, 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 expeditiously as possible, preferably, within a period of four (04) months thereafter. Pending the enquiry, there shall be an order of status-quo as on today to be maintained with respect to the subject land covered under the impugned notice of the 4^th respondent, issued under Section 7 of the Act. Uninfluenced by the letter of the local MLA and the representation, if any, the above said enquiry shall be independently held and on merits only, the 4^th respondent shall take the appropriate decision.

Accordingly, the Writ Petition is disposed of. There shall be no order as to costs.

As a sequel, Interlocutory Applications pending, if any and shall stand closed.

__________________________ JUSTICE B KRISHNA MOHAN

05.05.2026 SCH

6

328

THE HON'BLE SRI JUSTICE B. KRISHNA MOHAN

W.P.No.12641 of 2026

Date: 05.05.2026

SCH