APHC010273342024 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13730/2024 Between: 1. CHAGARLAMUDI VAKULA KUMARI,, W/O. VENKATESWARA RAO (LATE) AGED 60 YEARS, OCC VALLURI VENKATARATHNAM MASTER STREET, PATAMATA LANKA, VIJAYAWADA, NTR DISTRICT. 2. CHAGARLAMUDI SRIKANTH,, AGED 37 YEARS, OCC VENKATARATHNAM MASTER STREET, PATAMATA LANKA, VIJAYAWADA, NTR DISTRICT. 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERN DEPARTMENT, PRESENTLY WATER RESOURCES DEPARTMENT, SECRETARIAT, VELGAPUDI,AMARAVATHI, GUNTUR. 2. THE SUPERINTENDING ENGINEER, ,NSLBC (O AND M) CIRCLE, JAGGAYAPETA CIRCLE, NTR DISTRICT(FORMERLY KRISHNA DISTRICT). 3. THE EXECUTIVE ENGINEER, NSLBC (O AND M) DIVISION NUZVID, ELURU DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, NSLBC (O AND M) SUB DIVISION, MYLAVARAM, NTR DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE SEVENTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13730/2024 CHAGARLAMUDI VAKULA KUMARI,, W/O. VENKATESWARA RAO (LATE) AGED 60 YEARS, OCC- HOUSE WIFE, R/O D.NO. 64 VALLURI VENKATARATHNAM MASTER STREET, PATAMATA LANKA, VIJAYAWADA, NTR DISTRICT. CHAGARLAMUDI SRIKANTH,, S/O. VENKATESWARA RAO (LATE) AGED 37 YEARS, OCC- BUSINESS, R/O D.NO. 64-6 VENKATARATHNAM MASTER STREET, PATAMATA LANKA, VIJAYAWADA, NTR DISTRICT. ...PETITIONER(S) AND STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND CAD DEPARTMENT, PRESENTLY WATER RESOURCES DEPARTMENT, SECRETARIAT, VELGAPUDI,AMARAVATHI, GUNTUR. THE SUPERINTENDING ENGINEER, ,NSLBC (O AND M) CIRCLE, JAGGAYAPETA CIRCLE, NTR DISTRICT(FORMERLY KRISHNA IVE ENGINEER, NSLBC (O AND M) DIVISION NUZVID, THE DEPUTY EXECUTIVE ENGINEER, NSLBC (O AND M) SUB DIVISION, MYLAVARAM, NTR DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY, THE SEVENTEENTH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI CHAGARLAMUDI VAKULA KUMARI,, W/O. VENKATESWARA RAO HOUSE WIFE, R/O D.NO. 64-6-10, VALLURI VENKATARATHNAM MASTER STREET, PATAMATA S/O. VENKATESWARA RAO (LATE) 6-10, VALLURI VENKATARATHNAM MASTER STREET, PATAMATA LANKA, ...PETITIONER(S) STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL MENT, IRRIGATION AND CAD DEPARTMENT, PRESENTLY WATER RESOURCES DEPARTMENT, THE SUPERINTENDING ENGINEER, ,NSLBC (O AND M) CIRCLE, JAGGAYAPETA CIRCLE, NTR DISTRICT(FORMERLY KRISHNA IVE ENGINEER, NSLBC (O AND M) DIVISION NUZVID, THE DEPUTY EXECUTIVE ENGINEER, NSLBC (O AND M) SUB- ...RESPONDENT(S): 2 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 declaring direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in insisting the petitioners to vacate from their site property of 1595.46 Sq.yards bearing plot No. 28 covered by Survey No - 41/1 and 44 of Kondapalli Revenue village of Ibrahimpatnam Mandal in N.T.R District, as illegal, irregular, irrational, without any authority of law violative of principles of natural justice and offends Articles 14, 21 and 300- A of Constitution of India and consequently direct the respondents not to interfere in any manner with petitioners possession over the said property and pass IA NO: 1 OF 2024 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 direct the respondents not to interfere in any manner with petitioners’ site property of 1595.46 Sq. yards bearing Plot No.28 covered by S.No. 41/1 & 44 situated in Kondapalli Revenue Village of Ibrahimpatnam Mandal in NTR District (Formerly Krishna District), pending disposal of the main Writ Petition and to pass IA NO: 2 OF 2024 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 vacate the interim order in WP No. 13737 of 2024 dated 05-07-2024 and dismiss the writ petition and to pass Counsel for the Petitioner(S): 1. NIMMAGADDA REVATHI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following order: Aggrieved by the action of respondents in insisting the petitioners to vacate their site property admeasuring 1595.46 sq yards bearing plot No.28 covered by survey Nos.41/1 and 44 of Kondapalli Revenue village, Ibrahimpatnam Mandal, N.T.R District, the present Writ Petition is filed. 2. Heard Ms.Nimmagadda Revathi, learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation Department appearing for the respondents. 3. Learned counsel for the petitioners, in elaboration to what has been stated in the affidavit, contended that the petitioners are the joint owners and possessors of the subject land having acquired the same by way of succession. She further submitted that originally APIIC Limited had acquired land to an extent of Ac.430.72 cents under Land Acquisition Act, 1984 at Kondapalli Village. Out of the said acquired land, the Government had formed a layout and allotted Plot No.28 i.e., subject property to M/s Buelah Industries rep by its Proprietor Sri Kaki Kalyan Kumar under a registered sale deed dated 05.12.2009 for valid consideration and delivered possession thereof in its favour. Subsequently, one Chagarlamudi Venkateswararao, the husband of petitioner No.1 and father of petitioner No.2, purchased the property from the allottee under a registered sale deed. After the death of said Venkateswararao, the petitioners have been in possession of the subject property. She further submitted that respondent authorities, without any authority of law, visited the subject property and insisted the petitioners to 4 vacate the same alleging that they had encroached the canal. She further submitted that the canal was not in existence even at the time of the subject land in the year 2007 as per the sale deed executed by APIIC Limited. She further submitted that the respondents did not conduct any survey nor did issue any notice nor did gave any opportunity of personal hearing nor did pass any order to that effect. Hence, prayed to pass appropriate orders protecting the interest of the petitioners. 4. On the other hand, learned Assistant Government Pleader for Irrigation Department filed counter affidavit of the Executive Engineer, NSLBC O & M Division, Nuzvid, and submitted that the petitioners have occupied 1313.18 sq yards of NSP land on Kondapalli Sub Minor vide Sl.No.14 of the joint survey conducted by the Irrigation Department and Revenue authorities. He further submitted that pursuant to the orders of the Lokayukta, dated 15.02.2024, final eviction notice dated 18.04.2024 was issued to the petitioners which was acknowledged by the representative of respondent No.2 and the issuance of notice was informed to petitioner No.2 over phone, who is not available at the time of issuing notices by the Assistant Executive Engineer, G.Konduru. He further submitted that the CCLA, AP has also instructed vide CCLA’s Ref.REV02-25/2/2022, dated 04.07.2023 to follow Act No.15 of 1984 for getting eviction of encroachments on water bodies. The lands of water bodies are required to be safe guarded and therefore, notices were rightly issued to the petitioners in accordance with law. Hence, no indulgence need be shown on the petitioners and prayed to dismiss the Writ Petition. 5 5. Perused the record and considered the submissions made by learned counsel for the parties. 6. Having considered the facts and circumstances of the case and the submissions made by learned counsel for the parties, this Court finds that the dispute raised by the petitioners involve factual aspects, particularly with regard to the alleged encroachment and the correctness of the survey conducted by the respondent authorities. 7. In such circumstances, this Court, without expressing any opinion on the merits of the case, deems it appropriate to grant liberty to the petitioners to submit a representation/application, along with all relevant documents in support of their claim to respondent No.4, within a period of four (4) weeks from the date of receipt of a copy of this order. Upon receipt of such representation/application, respondent No.4 shall consider the same, after affording an opportunity of personal hearing to the petitioners, and pass a reasoned order, strictly in accordance with law, within a period of eight (8) weeks thereafter. Till such time, no coercive steps shall be taken against the petitioners with regard to subject property. 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 17.04.2026 MP 6 214 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.13730 OF 2024 17.04.2026 MP