APHC010131672025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE TWENTY FOURTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 7365/2025 Between: S Chandra Babu and Others ...PETITIONER(S) AND The District Collector and Others ...RESPONDENT(S) Counsel for the Petitioner(S): 1. PASAPALA SUDHAKAR REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:7365/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “…to issue a Writ or Order or direction more in the nature of Writ of Mandamus declaring the action of the respondents in laying the road in water body in Sy.No.506/2 to an extent of Ac.0.77 Cents, situated at Gantavari Palli Village, Jakkidona Panchayath and Post, Vedurukuppam Mandal, Chittoor Disrtict as bad illegal and void and set aside the same and to pass such other order or orders….” 2. Heard learned counsel for the petitioners and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioners herein is that the land admeasuring to an extent of Ac.0.77 cents in Sy.No.506/2 situated at Gantavari Palli Village, Jakkidona Panchayat and Post, Vedurukuppam Mandal, Chittoor District is classified as water body but now the respondents are taking steps for laying the road through the subject land, which is contrary to the settled proposition of law held by the Hon’ble Apex Court as well as this Court. Hence, the writ petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions date d 22.03.2025, wherein, the operative portion of the said instructions reads as follows: 3. Pursuant to the findings of the inquiry, the Special Deputy Collector issued oral instructions on 03.10.2024 for the removal of encroachments. Subsequently, eviction notices under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, were issued via ROC No. /B/343/2024, dated 15.11.2024. The encroachers, however, refused to accept the notices, necessitating their dispatch through registered post (RN604572711, RN604572725) on 27.11.2024. Despite receiving the notices, they failed to vacate the land. 4. In compliance with Section 6 of the Andhra Pradesh Land Encroachment Act, 1905, the encroachments are scheduled for removal on 12.03.2025 at 08:00 AM, under the supervision of the Revenue Divisional Officer. Adequate police Personnel will be deployed to maintain law and order during the eviction process. Furthermore, the Panchayat Secretaty of Gantavari Palli has been instructed to take possession of the reclaimed government land, including the trees and timber present on the land. 5. It is respectfully submitted that Sy.No. 506/2 is not classified as a water canal; rather, it is a pathway. The assertion that the land in question belongs to the petitioners is false. The said land has already been encroached upon by Sri B. Doraswami Reddy and Sri B. Chandrasekhar Reddy, both of whom are wealthy pattadars who have unlawfully occupied this valuable government poramboke land 6. Sri B. Doraswami Reddy has already filed a writ petition before the Hon’ble High Court of A.P. in W.P. No. 6882/2025, seeking an order to prevent interference with his peaceful possession and enjoyment of Sy.No. 794/1A, measuring 1.35 acres in Jakkadona. This survey number lies adjacent to Sy.No. 506/2, which measures 0.77 acres. The writ petition appears to have been filed with the intention of halting the eviction process and misleading the Hon'ble High Court. Furthermore, the Hon'ble High Court disposed of the writ petition at the admission stage, and the final order is yet to be uploaded. 5. Learned Government Pleader for the respondents further submits that one way or the other, the petitioners herein are the encroachers and are trying to stall laying and demarcation of the pathway through the land in Sy.No.506/2. He further asserts that subject land in Sy.No.506/2 is classified as path way but not as water body. So laying of a road cannot be other than the activity for which it was classified. Therefore, the claim of the petitioners is contrary to the revenue records which were placed before this Court. 6. Having regard to the submissions made by the learned counsel for the petitioners and learned Government Pleader for the respondents and on perusal of the material placed on record, it is observed that since the claim of the petitioners that the subject land is a water body is not supported by any evidence, such claim of the petitioners is liable to be rejected. As such, the present writ petition is devoid of merits and liable to be dismissed. 7. Accordingly, the present writ petition is dismissed. No costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. _______________________________ VENKATESWARLU NIMMAGADDA, J 24.03.2025 BSP 94 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.7365 of 2025 24.03.2025 BSP