Kolkar Mabu 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 topleased to issue a writ of mandamus or any other appropriate writ or direction declaring the notice dated 24-1-2026 issued by the 4th respondent as illegal, arbitrary and one without jurisdiction and consequently direct the respondents not to evict the petitioner from the land situated in Sy. No. 696/2 extent of Ac. 0.25 cents Pattikonda Village and Mandal, Kurnool District, 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 direct the 4th respondent not to interfere with the possession of the petitioner in respect of the land of the petitioner situated in Sy. No. 696/2 extent of Ac. 0.25 cents Pattikonda Village and Mandal, Kurnool District by suspending the notice dated 24-1-2026, issued by 4th respondent under Section 7 of Land Encroachment Act 1905 pending disposal of the writ petition and and pass

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Counsel for the Petitioner:

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1.G SRAVAN KUMAR

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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 was filed questioning the notice issued by the 4^th respondent dated 24.01.2026 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, calling explanation from the petitioner within a period of three (03) days for the allegation levelled in it of occupying the Government land as detailed in the schedule of the said notice.

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The learned counsel for the petitioner submits that pursuant to the said notice, the petitioner submitted explanation dated 16.03.2026 to the 4^th respondent, but the same was not considered so far and there is a threat of high-handed action by the 4^th respondent over the subject land.

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On the other hand, the learned Assistant Government Pleader for Revenue appearing for the respondents, submits that the petitioner’s explanation will be considered, following the due process of law.

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In view of the above said facts and circumstances, the petitioner is permitted to submit his explanation, enclosing all the necessary documents, in support of his claim, to the above said notice dated 24.01.2026, within a period of two (02) 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 necessary enquiry, pursuant to the above said notice dated 24.01.2026, strictly in accordance with law, by hearing all the parties concerned, including the petitioner, giving due opportunity, upon verification of

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the records and the subject land, appropriate decision shall be taken on its own merits, as expeditiously as possible, preferably, within a period of two

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(02) months thereafter. Pending enquiry, there shall be an order of status-quo

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as on today to be maintained with respect to the subject land as detailed in the

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schedule of the notice of the 4^th respondent dated 24.01.2026.

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