Andhra Pradesh High Court – Amravati
Gorli Venkata Lakshmi vs The State Of Ap on 21 May, 2026
APHC010283192026
IN THE HIGH COURT OF ANDHRA PRADESH
AT AMARAVATI [3521]
(Special Original Jurisdiction)
THURSDAY,THE TWENTY FIRST DAY OF MAY
TWO THOUSAND AND TWENTY SIX
PRESENT
THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
WRIT PETITION NO: 14692/2026
Between:
1. GORLI VENKATA LAKSHMI, W/O. GORLI APPA RAO AGED 52
YEARS, OCC HOUSE WIFE, R/O. D.NO.1-75, BATAJANGALAPALEM
VILLAGE, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT.
...PETITIONER
AND
1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY - TO
GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT,
VELAGAPUDI, AMARAVATI, GUNFUR DISTRICT. 522238
2. THE DISTRICT COLLECTOR, ANAKAPALLI DISTRICT AT
ANAKAPALLI 531001
3. THE REVENUE DIVISIONAL OFFICER, ANAKAPALLI REVENUE
DIVISION, ANAKAPALLI DISTRICT 531001
4. THE TAHSILDAR, SABBAVARAM MANDAL, ANAKAPALLI DISTRICT.
531001
...RESPONDENT(S):
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, order or direction more particularly on in the
nature of WRIT OF MANDAMUS declaring the eviction Notice in
Rc.No.35/2025/SA, dt. 15.05.2026 issued under Section 6 of Andhra Pradesh
Encroachment Act-Ill, 1905 by the 4th respondent connected to my RCC
Building bearing house No.3-69, having assessment No.212313000367,
admeasuring Ac. 0.02 cents in Sy.No.120 of Batajangalapalem Revenue
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village in Sabbavaram Mandal of Anakapalli District, thereby insisting me to
vacate from such house property, without considering my Reply/Objections
dated 16.02.2026, as illegal, irregular, arbitrarily, violative of principles of
natural justice, without jurisdiction and violative of the provisions of Andhra
Pradesh Land Encroachment Act, 1905 and offends articles 14, 21 and 300-A
of Constitution of India and consequently direct the respondents not to
interfere with my possession and enjoyment over my said residential building
property and pass
IA NO: 1 OF 2026
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 in Rc.No.35/2025/SA,
dt.15.05.2026 issued by the 4th respondent under Section 6 of Andhra
Pradesh Encroachment Act-Ill, 1905, pending disposal of the main Writ
Petition and pass
Counsel for the Petitioner:
1. GUNDA GOPI KRISHNA
Counsel for the Respondent(S):
1. GP FOR REVENUE
The Court made the following:
ORDER:
The Writ Petition has been filed for the following relief:
“…to issue a writ, order or direction more particularly on in the nature of
WRIT OF MANDAMUS declaring the eviction Notice in
Rc.No.35/2025/SA, dt. 15.05.2026 issued under Section 6 of Andhra
Pradesh Encroachment Act-Ill, 1905 by the 4th respondent connected to
my RCC Building bearing house No.3-69, having assessment
No.212313000367, admeasuring Ac.0.02 cents in Sy.No.120 of
Batajangalapalem Revenue village in Sabbavaram Mandal of Anakapalli
District, thereby insisting me to vacate from such house property, without
considering my Reply/Objections dated 16.02.2026, as illegal, irregular,
arbitrarily, violative of principles of natural justice, without jurisdiction and
violative of the provisions of Andhra Pradesh Land Encroachment Act,
1905 and offends articles 14, 21 and 300-A of Constitution of India and
consequently direct the respondents not to interfere with my possession
3and enjoyment over my said residential building property and pass such
other order or orders…”
2. Heard learned counsel for the Petitioner and the learned Assistant
Government Pleader for Revenue.
3. Sri G.Gopi Krishna, learned counsel for the Petitioner submits that the
respondent No.4 has authorised the Revenue Inspector to carry out the
eviction and to take possession of the land without passing final orders
pursuant to the notice dated 03.02.2026 issued under Section 7 of the Andhra
Pradesh Land Encroachment Act, 1905 (for brevity ‘the Act’). Upon which an
explanation was submitted by the Petitioner. It is urged that the impugned
notice dated 15.05.2026 issued under Section 6 of ‘the Act’ is illegal, arbitrary
and violation of the principles of natural justice.
4. Sri T.Sanjeev Rao, learned Assistant Government Pleader for Revenue,
on written instructions, submits that a notice under Section 7 of ‘the Act’ was
issued to the Petitioner. Later, after conducting the enquiry, a notice dated
15.05.2026 was issued under Section 6 of ‘the Act’ requiring the Petitioner to
evict the subject land within 48 hours from the date of service of the notice.
Otherwise, the petitioner would be summarily evicted.
5. As seen from the record, even as per the written instructions submitted
by the respondent No.4, a notice under Section 7 of ‘the Act’ was issued to the
Petitioner and the Petitioner has submitted an explanation to the said notice.
Even in the written instructions also, no speaking final order was passed
pursuant to the explanation submitted by the Petitioner for the notice issued
under Section 7 of ‘the Act’. Without passing the final order with reasons, the
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respondent No.4 has no authority to direct the Revenue Inspector to carry out
the eviction and take possession of the land within the short span of 48 hours.
The respondent No.4 has not followed the procedure as contemplated under
‘the Act’. Therefore, the impugned notice dated 15.05.2026 issued under
Section 6 of ‘the Act’ by the Tahsildar is liable to be interfered and set aside.
6. In the result, the Writ Petition is allowed, setting aside the notice dated
15.05.2026 issued by Respondent No.4. It is left open to the respondent No.4
to pass appropriate orders pursuant to the explanation submitted by the
Petitioner to the notice issued under Section 7 of ‘the Act’. Until such
procedure is undertaken, the Respondent No.4 is directed not to interfere with
the peaceful possession and enjoyment and not to evict the Petitioner from
the subject land. There shall be no order as to costs.
As a sequel, miscellaneous petitions pending, if any, shall stand closed.
________________________
Dr.Y. LAKSHMANA RAO, J
Date: 21.05.2026
BSP/TPS
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THE HONOURABLE DR JUSTICE Y. LAKSHMANA RAO
WRIT PETITION NO: 14692 of 2026
Date: 21.05.2026
BSP/TPS
