B. Chalapathi Vs The State of Andhra Pradesh

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 tomay be pleased to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the action of

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Respondents, more particularly the Respondent No.5, in trying to interfere and dispossess the petitioner from the subject property i.e. Plot No. 39 admeasuring an extent of 104.72 Sq. Yds. in Sy. No.421/6 of Ponnutipalem village, Madanapalle Mandal, Annamayya District by demolishing the house constructed by the petitioner in the subject property, without considering petitioners explanation dated 01.08.2025 and without passing any order under Section 6 of AP Land Encroachment Act, 1905 as illegal, arbitrary, irrational, colorable exercise of power and contrary to the dictum laid down by the Honble Apex Court in the case of Government of A.P. v. Thummala Krishna Rao, AIR 1982 SC 1081 and the Honble High Court of A.P. in Kadiyala Sudhershan v. Government of A.P., (2013) 5 ALD 212 besides being violative of Article 14, 19 and 21 of Constitution of India and consequently direct the respondent authorities not to interfere and dispossess the petitioner from the subject property i.e. Plot No. 39 admeasuring an extent of 104.72 Sq. Yds. in Sy. No.421/6 of Ponnutipalem village, Madanapalle Mandal, Annamayya District without following due process of law and pass such

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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 may be pleased to direct the respondent authorities not to interfere and dispossess the petitioner from the subject property i.e. Plot No. 39 admeasuring an extent of 104.72 Sq. Yds. in Sy. No.421/6 of Ponnutipalem village, Madanapalle Mandal, Annamayya District without following due process of law pending disposal of the above writ petition and pass such

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Counsel for the Petitioner:

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1.S VARADARAJULU CHETTY

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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:

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ORDER:

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

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“to pass an order or orders or direction more particularly one in the nature of a writ of mandamus declaring the action of Respondents more particularly the Respondent No 5 in trying to interfere and dispossess the petitioner from the subject property i e Plot No 39 admeasuring an extent of 104 72 Sq Yds in Sy No 421/6 of Ponnutipalem village Madanapalle Mandal Annamayya District by demolishing the house constructed by the petitioner in the subject property without considering petitioners explanation dated 01 08 2025 and without passing any order under Section 6 of AP Land Encroachment Act 1905 as illegal arbitrary irrational colorable exercise of power and contrary to the dictum laid down by the Honble Apex Court in the case of Government of A P v Thummala Krishna Rao AIR 1982 SC 1081 and the Honble High Court of A P in Kadiyala Sudhershan v Government of A P 2013 5 ALD 212 besides being violative of Article 14 19 and 21 of Constitution of India and consequently direct the respondent authorities not to interfere and dispossess the petitioner from the subject property i e Plot No 39 admeasuring an extent of 104 72 Sq Yds in Sy No 421/6 of Ponnutipalem village Madanapalle Mandal Annamayya District without following due process of law and pass such…”

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

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The present writ petition is filed aggrieved by the action of respondent No.5 in allegedly encroaching upon the petitioner’s land and issuance of notice under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, dated 28.07.2025. It is submitted that the petitioner submitted his explanation on 01.08.2025 and that, despite receipt of the said explanation and without passing any order under Section 7 of the Act, the respondents are interfering with the possession of the petitioner.

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The learned Government Pleader, on behalf of the respondents, furnished the instructions of the Tahsildar, Madanapalle, dated 03.01.2026, and submitted that the explanation submitted by the petitioner has been received and that orders has to be passed under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905.

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Considering the above submissions, the writ petition is disposed of directing the respondent authorities to consider the explanation submitted by the petitioner and pass appropriate orders in accordance with law under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905. Till such orders are passed, the respondents are directed not to interfere with the possession of the petitioner over the subject property.

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