Velamala Jagadeeswara Rao Vs the State of Ap

VELAMALA JAGADEESWARA RAO, S/O LATE JAGANNADHAM AGED 50 YEARS, OCC BUSINESS, R/O DOOR NO 1-195, PEDDA VEEDHI, EDULAVALASA VILLAGE, NARASANNAPETA MANDAL, SRIKAKULAM DISTRICT

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VELAMALA MATHSYA PRASAD,, S/O LATE JAGANNADHAM, AGED 53 YEARS, OCC BUSINESS, R/O PLOT NO.52, SAI NAGAR COLONY, BALAGA RURAL, SRIKAKULAM TOWN, SRIKAKULAM DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF AP, REP.BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 522 238

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DISTRICT COLLECTOR, SRIKAKULAM DISTRICT. 532 001

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REVENUE DIVISIONAL OFFICER, TEKKALI DIVISION, SRIKAKULAM DISTRICT. 532 001

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TAHSILDAR, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 532 001

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DEPUTY TAHSILDAR, C/O TAHSILDAR, TEKKALI MANDAL SRIKAKULAM DISTRICT. 532 001

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VILLAGE REVENUE OFFICER, SYAMASUNDARAPURAM VILLAGE, AKKAVARAM PANCHAYAT, TEKKALI MANDAL, SRIKAKULAM DISTRICT. 532 001

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2

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JOINT COLLECTOR AND COMPETENT AUTHORITY, LAND ACQUISITION FOR NATIONAL HIGHWAY -16, SRIKAKULAM, SRIKAKULAM DISTRICT.532 001

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PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PROJECT IMPLEMENTATION UNIT (GQ), NHAI ENCLAVE, KM 2/8, NH-16, HANUMANTHAVAKA, VISAKHAPATNAM CITY VISAKHAPATNAM DISTRICT - 530 040.

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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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the Eviction Notice dt 13-01-2026 in Rc.No.446/2025/A issued under Section 6 of A.P. Land Encroachment Act, 1905 by the 4th respondent in the name of 1st petitioner which is affixed to the compound wall of the petitioners RCC building bearing Door No.2-228 (Assessment No.211590000452) situated in an extent of 266.66 square yards and vacant site of 88.88 square yards in Survey No.251-19A situated in Syamasundarapuram Village, Akkavaram Panchayat, Tekkali Mandal, Srikakulam District, without conducting enquiry, without conducting survey, without examining the documents available on records, without giving an opportunity of personal hearing and without passing speaking order, as illegal, arbitrary, violative of principles of natural justice and offends Articles 14, 21 and 300-A of Constitution of India and consequently set aside the Notices dt. 13-012026 and direct the respondents not to interfere with petitioners peaceful possession and enjoyment of their RCC building and 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 suspend the operation of Eviction Notice, dt. 13-01-2026 issued by the 4th respondent and also direct the respondents not to dispossess the petitioners from their RCC building bearing Door No.2-228 (Assessment No.211590000452) situated in an extent of 266.66 square yards and vacant site of 88.88 square yards in Survey No.251-19A situated in Syamasundarapuram Village, Akkavaram Panchayat, Tekkali Mandal, Srikakulam District, pending disposal of the main writ petition and pass

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Counsel for the Petitioner(S):

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1.SRINIVAS AMBATI

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3

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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 petitioners and the learned Assistant Government Pleader for the respondents.

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This writ petition is filed questioning the Eviction Notice, dated 13.01.2026 in Rc.No.446/2025/A issued under Section 6 of the A.P. Land Encroachment Act, 1905 (herein after referred as “the Act”) by the 4^th respondent in the name of the 1^st petitioner which is affixed to the compound wall of the petitioners’ RCC building bearing Door No.2-228 (Assessment No.211590000452) situated in an extent of 266.66 square yards and vacant site of 88.88 square yards in Sy.No.251-19A situated in Syamasundarapuram village, Akkavaram Panchayat, Tekkali Mandal, Srikakulam District without conducting enquiry and survey, without examining the documents available on records, without giving an opportunity of personal hearing and without passing speaking order.

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However, both the learned counsels submit that the similar matter is already disposed of by this court in W.P.No.1715 of 2026 dated 21.01.2026.

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In terms of the same, this writ petition is also disposed of permitting the petitioners to submit their explanation to the notice of Section 7 of the Act, dated 29.12.2025, within a period of four (04) weeks from the date of receipt of this order, enclosing all the necessary documents in support of their claim.

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4

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On receipt of the same, the 4^th respondent shall proceed with the necessary enquiry pursuant to the above said notice under Section 7 of the Act dated 29.12.2025, strictly in accordance with law by hearing all the parties concerned, including the petitioners, 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 three (03) months thereafter. Pending the above said enquiry, there shall be an order of status quo as on today to be maintained with respect to the subject encroachment covered under the impugned notice of the 4^th respondent dated 29.12.2025. For the purpose of conducting the above said enquiry, the impugned order issued by the 4^th respondent under Section 6 of the Act dated 13.01.2026 is set aside herewith. Interim order if any deemed to have been vacated. There shall be no order as to costs.

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