Jammu Surekha 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 an appropriate writ, order or direction more particularly one in the nature in WRIT of MANDAMUS to declare the Impugned Orde of the 4th Respondent Tahsildar, Parvathipuram mandal in issuing multiple Notices under Section 7 Notices under AP Land Encroachment Act, 1905 vide Notices Dated 19.2.2026 and 25.03.2026 vide Rc.No 208/2026/SA/Dt.25.03.2026 and without considering the Petitioners

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BKM,J

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W.P.No.9480 of 2026

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explanation dated 24.2.2026 23.03.2026 and issuing Section 6 Notice vide dated 9.3.2026 trying to demolish and dispose the Petitioners from her house situated in Sy No 1/(alleged to situated in Sy No 15) an extent of 200 sq yards Door No 9-24 with assessment No 902 of Y.K.M.Colony, Balagudaba Grama Panchayat, Parvathipuram Mandal, Manyam District which is highly illegal and trying to evict and demolish the Petitioners aforesaid house in summary procedure and the same is without any authority which is highly illegal, arbitrary, unjust, harsh, pervasive, and irrational and contrary to law and violations of Principles of Natural Justice and contrary Articles 300-A, 14, 21 of Constitution of India and consequently set aside the aforesaid impugned Notices of 4th Respondent vide Dated 19.2.2026, 19.3.20206 and 25.3.2026 and direct the respondents not to interfere with Petitioners peaceful possession and enjoyment and ownership of aforesaid house site Patta land site 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 Impugned notices of 4th Respondent vide Daied 19.2.2026 and 25.03.2026 Rc.No 208/2026/SA/Dt.25.03.2026 and Section 6 Notice vide Dated 19.03.2026 and not to demolish and dispossess the Petitioners house in Sy No 17(alleged to situated in Sy No 15) an extent of 200 sq yards Door No 9-24 with assessment No 902 of Y.K.M.Colony, Balagudaba Grama Panchayat, Parvathipuram Mandal, Manyam District, pending disposal of the writ petition and pass

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Counsel for the Petitioner:

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1.HARI BABU MAGULURI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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BKM,J W.P.No.9480 of 2026

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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 notice issued by the 4^th respondent dated 19.03.2026 directing the petitioner to vacate the subject land of encroachment within 15 days from the date of receipt of the said notice. The impugned notice of the 4^th respondent dated 19.03.2026 shows that the petitioner occupied the Government land by illegally encroaching upon it by raising the compound wall in an extent of Ac.0.05 cents out of Ac.50.00 cents in Sy.No.15 of Balagudaba Village, Parvathipuram Mandal, Manyam District. According to it, the land is classified as Lankela Cheruvu.

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The learned counsel for the petitioner submits that earlier two notices under Section 7 of the Land Encroachment Act, 1905 dated 19.02.2026 and 25.03.2026 were issued and the petitioner submitted her explanation dated 24.02.2026. Without considering the same, the above said notice under Section 6 of the Act was passed by the 4^th respondent dated 19.03.2026.

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On the other hand, the learned Assistant Government Pleader appearing for the respondents submits that the explanation of the petitioner would be considered by the said authority, following the due procedure.

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BKM,J W.P.No.9480 of 2026

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In view of the above said facts and circumstances, the petitioner is permitted to submit her additional explanation, if any, enclosing all the necessary documents in support of her claim to the above said notices of the 4^th respondent dated 19.02.2026 and 25.03.2026 within a period of four (04) weeks from the date of receipt 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 notices dated 19.02.2026 and 25.03.2026 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 of alleged encroachment as detailed in the said schedules of the said notices dated 19.02.2026 and 25.03.2026, appropriate decision shall be taken on its own merits as expeditiously as possible, preferably within a period of three (03) 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 of alleged encroachment as detailed in the above said schedules of the notices of the 4^th respondent dated 19.02.2026 and 25.03.2026. For the purpose of conducting the above said enquiry, the impugned notice of the 4^th respondent dated 19.03.2026 is set aside herewith. Uninfluenced by the same, appropriate orders shall be passed afresh as directed above.

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