APHC010130232025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6824/2025 Between: 1. ALL INDIA STATE GOVERNMENT CLASS IV EMPLOYEES FEDERATION WORKING OFFICE AT DOWLESWARAM, WORKING OFFICE AT DOWLESWARAM , RAJAMAHENDRAVARAM DISTRICT REPRESENTED BY ITS VICE PRESIDENT V.VENKATESHWARLU S/O LATE BAPULU, AGED 76 YEARS, R/O AGRAHARAM ROAD, COTTON BARRIAGE, DOWLESWARAM , RAJAMAHENDRAVARAM DISTRICT AND ANOTHER. 2. THE ANDHRA PRADESH STATE GOVERNMENT CLASS IV EMPLOYEES, UNION. WORKING OFFICE AT DOWLESWARAM ,RAJAMAHENDRAVARAM DISTRICT REPRESENTED BY ITS PRESIDENT N.CHANDRA SEKHAR. ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION DEPARTMENT, ANDHRA PRADESH SECRETARIAT,VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, RAJAMAHENDRAVARAM,RAJAMAHENDRAVARAM DISTRICT. 3. THE CHIEF ENGINEER, IRRIGATION DEPARTMENT PIP UNIT RAJAMAHENDRAVARAM,RAJAMAHENDRAVARAM DISTRICT. 4. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT/PIP UNIT 2 VS,J W.P.No.6824 of 2025 RAJAMAHENDRAVARAM,RAJAMAHENDRAVARAM DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BUILDINGS DIVISION. RAJAMAHENDRAVARAM,RAJAMAHENDRAVARAM DISTRICT 6. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BUILDINGS DIVISION. RAJAMAHENDRAVARAM,RAJAMAHENDRAVARAM DISTRICT. ...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 an appropriate writ. Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the respondents in dispossessing the petitioners Union offices situated at Sir Author Cotton irrigation Project, Dowleswaram Rajamahendravaram District without any notice or authority as illegal, arbitrary and unconstitutional and violative of Principles of Natural Justice and consequently direct the respondents to restore the petitioners Union offices situated at Sir Author Cotton irrigation Project, Dowleswaram, Rajamahendravaram District and pass IA NO: 1 OF 2025 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 direct the respondents to restore the petitioners Union offices situated at Sir Author Cotton irrigation Project, Rajamahendravaram District forthwith pending disposal of the writ petition and pas IA NO: 2 OF 2025 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 may be pleased to vacate the interim order dated 19.03.2025 passed in W.P.No.6824 of 2025, and dismiss the Writ Petition and pass Counsel for the Petitioner(S): 1. L V S NAGARAJU Counsel for the Respondent(S): 3 VS,J W.P.No.6824 of 2025 1. GP FOR IRRI AND CAD The Court made the following: 4 VS,J W.P.No.6824 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.6824 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate writ, Order or Direction more particularly one in the nature of writ of mandamus to declare the action of the respondents in dispossessing the petitioners Union offices situated at Sir Author Cotton irrigation Project, Dowleswaram, Rajamahendravaram District without any notice or authority as illegal, arbitrary and unconstitutional and violative of Principles of Natural Justice and consequently direct the respondents to restore the petitioners Union offices situated at Sir Author Cotton irrigation Project, Dowleswaram, Rajamahendravaram District and pass such other order or orders…” 2. The Writ Petition is filed by the Vice President, All India State Government Class IV Employees Federation, stating that the 2nd petitioner is a Union, which was established on 22.08.1960 and the unit office is situated at Sir Author Cotton Irrigation Project, Dowleswaram, Rajamahendravaram District. In terms of G.O.Ms.No.337, dated 26.09.2009 an extent of 20-46 acres was entrusted to the Sir Author Cotton, Godavari Irrigation Employees Mutually Aided Cooperative Housing Society and accordingly the premises is under the control of the 4th respondent. There are also some other offices in the said premises along with the petitioners’ office. It is further the case of the petitioners that they are running union office in the said premises since the year 1972. 3. While the matter being stood thus, the 6th respondent, all of a sudden on 18.02.2025 obstructed the petitioners from entering into the premises of their 5 VS,J W.P.No.6824 of 2025 union office and also directed them to vacate the said premises. Thereafter, the petitioners immediately approached respondent Nos.3 and 4 and submitted a representation on 18.02.2025 requesting the respondents to permit them to continue in the said premises, as they have been in occupation of the said premises. However, in spite of the same, the respondent Nos.5 and 6 seized their union office and locked the said premises. Challenging the same, the present writ petition is filed. 4. When the Writ Petition came up for hearing, on 19.03.2025, this Court passed the following interim order:- “Learned counsel for the petitioner submits that the petitioner has been running the union office situated at Sir Arthur Cotton Irrigation Project, Dowleswaram, Rajamahendravaram District, since 1972. All of a sudden, the 6th respondent, without issuing any notice, has entered into the premises and locked the unit thereby dispossessing the petitioner without following due procedure contemplated under law. In view of the same, there shall be an interim direction to the respondent to restore the petitioner’s union office situated at Sir Arthur Cotton Irrigation Project, Dowleswaram, Rajamahendravaram District forthwith. Post the matter after eight (8 ) weeks. In the meantime, the respondents shall file their counter affidavits, if any.” 5. Respondent No.5 filed a detailed counter, wherein it is stated that on receiving a complaint from the Assistant Research Officer, AP Regional Soil Testing Laboratories office on 10.02.2025, as well as another complaint on the same day from the President and Secretary of Polavaram Irrigation Project Class IV Employees Association, Dowleswaram, alleging that the 1st petitioner had occupied the Government shed in the name of the Association of Class IV Employees and he was not allowing the Association members to conduct any official meetings, but was treating the shed as his own property, practicing illegal 6 VS,J W.P.No.6824 of 2025 activities, creating nuisance and disturbance to nearby offices. Two notices were issued to the Class IV Employees Association on 11.02.2025 and 17.02.2025. 6. It is further stated that as per the instructions received from the Office of the Executive Engineer, Polavaram Irrigation Project Left Main Canal Division No.2, Dowleswaram, to take over the shed in the presence of the members of the Class IV Employees, Dowleswaram, Deputy Executive Engineer, Sub-Division No.3, Rajanagaram and Superintendent, Division No.2, Dowleswaram vide Memo No.EE/PIPLMC Dvn.No.2/Dowlm./DB/D1/49S, dated 22.02.2025, the shed was taken over by the 6th respondent in the presence of the officers as mentioned above. 7. It is further stated that the petitioners have no right over the subject property, as it purely belongs to the Government of Andhra Pradesh and that the Executive Engineer is the competent authority to confiscate the subject property as per the APPW-D-code Part 1, Chapter 1(D) IV section 27. As such, the respondent Nos.5 and 6, in pursuance of the instructions of the Executive Engineer, have taken over the possession of the subject property. 8. On a perusal of the affidavit filed by the petitioners, as well as counter affidavit filed by the respondents, it can be understood that the petitioners’ union office was established way back in the year 1972. Even the counter affidavit does not disclose whether they had conducted any enquiry or called for any explanation in pursuance of the notices issued on 11.02.2025 and 17.02.2025, except stating that they had taken over possession of the said premises in the presence of the concerned officers. The date of taking over possession has also not been mentioned in the counter filed by the respondents. 7 VS,J W.P.No.6824 of 2025 9. However, during the course of arguments, the learned Assistant Government Pleader has stated that as no procedure was adopted by the respondents following the principles of natural justice, the notices dated 11.02.2025 and 17.02.2025 may be treated as show cause notices, giving liberty to the petitioners to submit an explanation in pursuance of the said notices. 10. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioners to submit their explanation, duly enclosing the requisite documents in support of their possession over the subject property, in pursuance of the notices dated 11.02.2025 and 17.02.2025, within a period of two (02) weeks from the date of receipt of a copy of the order. Thereafter, on receiving the same, the respondents are directed to take appropriate steps in accordance with law, as expeditiously as possible, within a period of eight (08) weeks, after duly conducting an enquiry and affording an opportunity of hearing to the petitioners. 11. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :10.09.2025 JLV