Gurrapusala Yedukondalu Vs the State of Andhra Pradesh

GURRAPUSALA YEDUKONDALU, S/O. GURRAPUSALA VENKATESWARLU, AGE 43 YEARS, R/O. 5-79-1, OBULETIVARI STREET, PODILI, PODILI, MARKAPUR DISTRICT, ANDHRA PRADESH-523240.

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...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS.. PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT-522238. 2.

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THE DISTRICT COLLECTOR, MARKAPUR DISTRICT, ANDHRA PRADESH-523316. 3.

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THE JOINT COLLECTOR, MARKAPUR DISTRICT, ANDHRA PRADESH-523316. 4.

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THE REVENUE DIVISIONAL OFFICER, MARKAPUR REVENUE DIVISION, MARKAPUR DISTRICT, ANDHRA PRADESH-523316. 5.

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THE THASILDAR, PODILI MANDAL, MARKAPUR DISTRICT, ANDHRA PRADESH-523240.

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...RESPONDENT(S):

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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 or order or direction more particularly one in

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HBKM,J

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W.P.No.1709 of 2026

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the nature of Writ of Mandamus, declaring the action of the 5TH Respondent in issuing impugned Proceedings vide Rc.Dt./53/2024, dated 23.11.2025 rejecting the request of the Petitioner to grant patta to an extent of Ac.2.81 cents pursuant to the representation submitted by the Petitioner dated 01.08.2025 as per the directions of the Honble Court in WP.No. 15862 of 2025 and consequential directions issued by Respondent under Section 6 of the Andhra Pradesh Land Encroachment, 1905 as illegal, arbitrary, amounts to non-performance of statutory duties, and is a grave violation of the fundamental rights guaranteed to the Petitioner under Articles 14, 19, and 21 of the Constitution of India and setaside the same and consequently direct the Respondents to assign patta in favour of the Petitioner in respect of an extent of Ac.2.81 cents out of Ac.4.81 cents pursuant to agreement entered by the mother of Petitioner and Revenue Officials as per the list of eligible beneficiaries prepared by the Revenue Authorities in Sy.No.1326/1 to an extent of Ac.1.62 cents and in Sy.No.1325/5 to an extent of Ac. 1.19 cents in Podili Village, Podili Mandal, Markapur Revenue Division, Markapur (old Prakasam) District and/or pass

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IA NO: 1 OF 2026

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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 to assign patta in favour of the Petitioner in respect of an extent of Ac.2.81 cents, as per the list of eligible beneficiaries prepared by the Revenue Authorities in favour of Petitioner mother in Sy.No.1326/1 to an extent of Ac.1.62 cents and in Sy.No. 1325/5 to an extent of Ac. 1.19 cents in Podili Village, Podili Mandal, Markapur Revenue Division, Markapur (old Prakasam) District and/or pass

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IA NO: 2 OF 2026

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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 suspend the impugned notice vide Rc.Dt./53/2024 dated 23.11.2025 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, issued by the 5*^ Respondent, and pass

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Counsel for the Petitioner:

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1.GAJJALA MALLIKARJUNA REDDY

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following Order:

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

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This writ petition is filed questioning the order of the 5^th respondent dated 23.11.2025 issued under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (herein after referred as “the Act”).

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The learned counsel for the petitioner submits that pursuant to the order of this Court in W.P.No.15862 of 2025 dated 01.07.2025, the petitioner submitted an explanation dated 01.08.2025 to the 5^th respondent, but the same was not objectively considered by the 5^th respondent though it is shown in the reference 3^rd cited in the impugned order.

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However, as the statutory appeal is provided against the said impugned order of the 5^th respondent to the 2^nd respondent, the petitioner may be permitted to approach the said authority by protecting the interest of the petitioner in accordance with law.

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On the other hand, the learned Assistant Government Pleader also submits that, the 5^th respondent passed the impugned order dated 23.11.2025 in detail, considering the merits of the case and the previous background of the litigation. If so aggrieved, the petitioner can approach the Appellate Authority and if so, the same would be considered by following the due procedure by the said authority.

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In view of the above said facts and circumstances, the petitioner is permitted to approach the 2^nd respondent/Appellate Authority by way of an appeal against the impugned order of the 5^th respondent dated 23.11.2025 within a period of four (04) weeks from the date of receipt of this order enclosing all the necessary documents in support of his claim. On receipt of the same, the 2^nd respondent shall consider and dispose of the said appeal of the petitioner, if so preferred, strictly in accordance with law, as expeditiously as possible, by disposing of the same, preferably within a period of four (04) months thereafter, by giving due opportunity to all the parties concerned, including the petitioner, upon verification of the records and the subject land, appropriate decision shall be taken on its own merits.

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Till filing of the above said appeal by the petitioner within the above said stipulated time of four (04) weeks, before the said Appellate Authority, there shall be an order of status quo as on today to be maintained with respect to the subject land covered under the order of the 5^th respondent dated 23.11.2025. In default of filing the appeal before the said Appellate Authority, the said status quo order shall stand automatically vacated. If any further interim relief is required, the petitioner is at liberty to move the same before the said Appellate Authority concerned in the appeal and upon consideration of the same on merits, appropriate orders can also be passed by the said Appellate Authority, pending the appeal, if any.

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