Andhra Pradesh High Court
WP/17967/2026 of Shaik Sai Munnisa, Vs UNION OF INDIA on 2 July 2026
reserved for orders : Date of pronouncement : Date of uploading APHC010339482026 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE 3 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17967/2026 Between: 1. SHAIK SAI MUNNISA,, S/O. SHAIK PEER, AGED ABOUT 40 YEARS, R/O. H.NO. 19-17-26,
Date of reserved for orders
Date of pronouncement
Date of uploading
APHC010339482026
IN TH
FRID
THE HONOURA
WR
Between:
1. SHAIK SAI MUNNIS
R/O. H.NO. 19-17-2
NTR DISTRICT.
1. UNION OF INDIA, M
GENERAL
MAN
SECUNDERABAD,
2. THE DIVISIONAL R
VIJAYAWADA DIVIS
3. THE ASSISTANT
RAILWAY, VIJAYAW
4. THE DISTRICT
ANDHRA PRADESH
s :
: 03.07.2026
: 09.07.2026
E HIGH COURT OF ANDHRA PRAD
AT AMARAVATI
(Special Original Jurisdiction)
DAY, THE 3rd DAY OF JULY 2026
PRESENT
ABLE SRI JUSTICE RAVI CHEEMAL
RIT PETITION NO: 17967/2026
SA,, S/O. SHAIK PEER, AGED ABO
26, OLD RAJARAJESWARIPETA,
AND
MINISTRY OF RAILWAYS REPRESE
NAGER,
SOUTH
CENTRAL
HYDERABAD, TELANAGANA STAT
RAILWAY MANAGER, SOUTH COA
SION, VIJAYAWADA-520001
DIVISIONAL ENGINEER LINES, SO
WADA DIVISION, VIJAYAWADA-5200
COLLECTOR,
NTR DISTRICT,
H -520001
...RES
RC,J
DESH
LAPATI
UT 40 YEARS,
VIJAYAWADA,
...PETITIONER
ENTED BY ITS
RAILWAY,
E-500001
AST RAILWAY,
OUTH COAST
VIJAYAWADA,
SPONDENT(S):
RC,J
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 to Issue a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus to declaring the action of the 3rd Respondent, in issuing the Eviction Notice bearing No. ADENBZA/ 01 / Encroachments dated 24.06.2026, issued by the 3rd Respondent, which was served upon me only on 26.06.2026, threatening to evict from my residential house admeasuring about 1 Cent situated at Old Rajarajeswari Peta, Vijayawada by 03.07.2026, as highly illegal, arbitrary, unjust, discriminatory, and in gross violation of the principles of natural justice, and Articles 14, 19(l)(e), 21 and 300A of the Constitution of India and consequentially Suspend the Eviction Notice bearing No. ADENBZA/ 01 / Encroachments dated 24.06.2026, issued by the 3rd Respondent and to 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 to suspend the operation of the eviction notice issued by the 3rd Respondent and consequently restrain the Respondents from evicting or dispossessing the petitioner from the subject property, pending disposal of the Writ Petition and to pass Counsel for the Petitioner:
1.THRIPURAM KARTHIK CHANDRA MOULI
Counsel for the Respondent(S):
1.GP FOR REVENUE
2.
The Court made the following:
RC,J
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ORDER
This Writ Petition is filed questioning the eviction notice issued by respondent no.3 vide ADENBZA/01/Encroachments, dated 24.06.2026 whereby the petitioner is threatened to evict from his residential house admeasuring about Ac.0-01 cent situated at Old Rajarajeswari Peta, Vijayawada .
2. Heard Ms. T.Sreesha, learned counsel, representing Sri T.Karthik Chandra Mouli, learned counsel for the petitioner, and Sri P.Rajesh, learned counsel, representing Sri Y.V.Anil Kumar, learned Standing Counsel for Railways.
3. Ms.T.Sreesha, learned counsel, while reiterating the contents of the writ affidavit would contend that the petitioner has been residing in the subject property since more than 20 years without any interruption and he has been paying property tax and while the things stood thus, the authorities issued impugned notice dated 24.06.2026 directing the petitioner to evict the land by 03.07.2026, in clear violation of law and the principles of natural justice and accordingly prayed to allow the writ petition.
4. On the other hand, Ms.P.Rajesh, learned counsel, submitted that since the petitioner was found to be in unauthorized occupation of railway RC,J
land, she was issued the impugned notice to vacate the subject premises before 03.07.2026 and there is neither illegality nor procedural irregularity in issuing the notice and the writ petition being meritless deserves dismissal. Accordingly, prayed to dismiss the writ petition.
5. Perused the material available on record and considered the submissions made by learned counsel for the parties.
6. As rightly contended by the learned counsel for the petitioner, the impugned notice did contain a mandate for eviction on the ground that the said site belongs to railways. Issuing notice with such a mandate must necessarily be preceded by a show-cause-notice. Admittedly no such show cause notice was issued prior to issuance of the impugned notice. Therefore, there is violation of principles of natural justice.
7. In view of the above observations, since there is flagrant violation of principles of natural justice, this writ petition can be allwed at the admission stage itself without keeping it pending inviting counters, since no explanation, excuse, or counter-argument from them could legally justify their actions.
8. Accordingly, the writ petition is allowed, setting aside the impugned notice vide ADENBZA/01/Encroachments, dated 24.06.2026 issued by respondent no.3-Assistant Divisional Engineer (Lines), South Coast Railway, RC,J
Vijayawada Division, Vijayawada. This order does not preclude the authorities in taking steps in accordance with law. There shall be no order as to costs.
Pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI 3rd July, 2026 RR Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No