Andhra Pradesh High Court - Amravati
Karnati Lakshmidevamma vs Thummala Krishna Rao (Air 1982 Sc on 7 March, 2026
Author: B Krishna Mohan
Bench: B Krishna Mohan
[3233 ]
IN THE HIGH COURT OR ANDHRA PRADESH AT AMARAVATI
SATURDAY, THE SEVENTH DAY OF MARCH
TWO THOUSAND AND TWENTY SIX
rPRESENT:
THE HONOURABLE SRI JUSTICE B KRISHNA MOHAN
WRIT PETITION NO: 16449 OF 2025
Between:
Karnati Lakshmidevamma, W/o. Venkata Seshareddy, Aged about 76 years,
R/o. Ankupalle Village, Podalakur Mandal, SPSR Nellore District.
Petitioner
AND
1. The State of Andhra Pradesh, Rep.by its Principal Secretary, Revenue
Department, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District.
2. The District Collector, Collectorate Compound, Nellore, SPSR Nellore District.
3. The Revenue Divisional Officer, Nellore Revenue Division, Nellore, SPSR
Nellore District.
4. The Tahsildar, Mandal Revenue Office, Podalakur Mandal, SPSR Nellore
District.
5. Nagineni Penchala Subbaiah Naidu, S/o. Polaiaha Naidu, aged about 55 years,
R/o. Ankupalle Village, Podalakur Mandal, SPSR Nellore District.
6. Anam Ravi, S/o. Chinamastanaiah, aged 42 about years, R/o. Ankupalle
Village, Podalakur Mandal, SPSR Nellore District.
Respondents
Petition under Article 226 of the Constitution of India is filed praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue a writ or direction or order more particularly one in the nature of writ of
Mandamus declaring the action of the 4'^ respondent in issuing eviction notice vide
proceedings Rc.B. No. 142/2025, dated 21.06.2025 under Section 6 of The Madras
Land Encroachment Act, 1905, without furnishing the Survey report, considering
Petitioner's objections and without having any right to interfere in the title/boundaries
disputes and directing the petitioner to evict summarily as illegal, arbitrary, without
jurisdiction, irrational, against to the principal of natural justice and in violative of
Articles 14, 19, 21 and 300-A of constitution of India and contrary to the ratio laid down
by the Hon'ble Apex court in Govt.of A.P. Vs. Thummala Krishna Rao (AIR 1982 SC
1081), and Hon'ble High court of A.P. held in Kadiyala Sudhershan Vs. Govt.of A.P
(2013 (5) ALD 212), Podduturi Vasantha Reddy Vs. Estate Officer, Airports Authority
of India, N.A.D. (2009 (6) ALD 524) and Sro Moravaneni Mastan Naidu and Ors Vs.
The State of A.P. and Ors (W.P. No. 12854 of 2025) consequently direct the
respondent authorities to approach the competent civil court for adjudicating the
title/boundaries dispute in regard to the petitioners agriculture land and the
Government land situated in Sy.No. 6- 3 and Sy. No. 5-7 in Ankupalle Village,
Podalakur Mandal, SPSR Nellore District.
lA NO: 1 OF 2025
Petition under Section 151 CPC is filed praying that in the circumstances
stated in the affidavit filed in support of the petition, the High Court may be pleased to
direct the respondent authorities not to take any coercive steps in respect of the land
situated in Sy. No. 6-3 and Sy. No. 5-7 in Ankupalle Village, Podalakur Mandal, SPSR
Nellore District, Pending disposal of WP 16449 of 2025, on the file of the High Court.
The petition/Appeal coming on for hearing, upon perusing the Petition and the
affidavit filed in support thereof and the earlier order of the High Court
dated.27.01.2026 & 17.02.2026 made herein and upon hearing the arguments of SRI
SARANU PHANI TEJA Advocate for the Petitioner, and the Court made the following.
ORDER
"The learned counsel appearing for the respondent Nos.5 and 6 seeks time to file counter and vacate stay.
The learned Assistant Government Pleader seeks time to file counter and vacate stay for the respondent Nos. 1 to 4.
List on 23.03.2026.
Interim order granted earlier by this Court dated 27.01.2026 is extended till then.
Sd/-U.SRIDEVI DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To,
1. One CC to SRI. SARANU PHANI TEJA Advocate [OPUC]
2. Two CCS to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT]
3. One spare copy HIGH COURT BKM,J DATED: 07/03/2026 LIST ON 23.03.2026.
ORDER WP.No.16449 of 2025 INTERIM ORDER EXTENDED