APHC010154322020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9559/2020 Between: 1. SMT. GORLE SARASWATI, W/O.LATE APPALA NAIDU, AGED 70 YEARS, R/O.RELLIVALASA VILLAGE POOSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT. 1. THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT VIZIANAGARAM. 2. MADNAL TAHSILDAR, DISTRICT. 3. EXECUTIVE ENGINEER, , PANCHAYAT RAJ DEPARTMENT. VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. 4. EXECUTIVE ENGINEER, WATER RESOURCES AND IRRIGATION DEPARTMENT, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. 5. PROJECT DIRECTOR, DWAMA, VIZIANAGARAM, VIZIANAGARAM DISTRICT 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE, AP SECRETARIAT, VELAGAPUDI AT AMARAVATHI. 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 toto issue Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in attempting to lay the road in the 18ft irrigation channel in Sy.No.117/6 further by encroaching into IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9559/2020 SMT. GORLE SARASWATI, W/O.LATE APPALA NAIDU, AGED 70 YEARS, R/O.RELLIVALASA VILLAGE POOSAPATIREGA MANDAL, VIZIANAGARAM DISTRICT. ...PETITIONER AND THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT MADNAL TAHSILDAR, POOSAPATIREGA MANDAL, VIZIANAGARAM EXECUTIVE ENGINEER, , PANCHAYAT RAJ DEPARTMENT. VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. EXECUTIVE ENGINEER, WATER RESOURCES AND IRRIGATION DEPARTMENT, VIZIANAGARAM DIVISION, VIZIANAGARAM PROJECT DIRECTOR, DWAMA, VIZIANAGARAM, VIZIANAGARAM THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE, AP SECRETARIAT, VELAGAPUDI AT ...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 toto issue Writ or Direction more particularly one in the nature of Writ the action of the Respondents in attempting to lay the road in the 18ft irrigation channel in Sy.No.117/6 further by encroaching into IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA SMT. GORLE SARASWATI, W/O.LATE APPALA NAIDU, AGED 70 YEARS, R/O.RELLIVALASA VILLAGE POOSAPATIREGA MANDAL, ...PETITIONER THE DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT POOSAPATIREGA MANDAL, VIZIANAGARAM EXECUTIVE ENGINEER, , PANCHAYAT RAJ DEPARTMENT. VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT. EXECUTIVE ENGINEER, WATER RESOURCES AND IRRIGATION DEPARTMENT, VIZIANAGARAM DIVISION, VIZIANAGARAM PROJECT DIRECTOR, DWAMA, VIZIANAGARAM, VIZIANAGARAM THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY REVENUE, AP SECRETARIAT, VELAGAPUDI AT ...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 toto issue Writ or Direction more particularly one in the nature of Writ the action of the Respondents in attempting to lay the road in the 18ft irrigation channel in Sy.No.117/6 further by encroaching into 2 the lands of the Petitioner in Sy.No.117/5, 117/8 and 177/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District , is illegal and arbitrary, consequently direct the respondents to refrain to lay a road in the 18 ft irrigation channel in Sy.No.117/6 and further not to interfere with the private property of the Petitioner in Sy.No.117/5, 117/8 and 177/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District , without following due process of law, in the interest of justice and to pass IA NO: 1 OF 2020 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 issue direction to the respondents not to lay any road in 18ft irrigation channel in Sy.No.117/6, further not to interfere in the private land of the petitioner in Sy.No.117/5, 117/8 and 177/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District, pending disposal of the writ petition and pass IA NO: 1 OF 2021 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 vacate the interim orders dated:29.06.2020 passed in W.P. No.9559 of 2020, and pass such IA NO: 1 OF 2023 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 grant leave to file the reply affidavit in the interest of justice. Counsel for the Petitioner: 1. G RAMA GOPAL Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following Order: The present Writ Petition was 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 declaring the action of the Respondents in attempting to lay the road in the 18ft irrigation channel in Sy.No.117/6, further by encroaching into the lands of the petitioner in Sy.No.117/5, 117/8 and 177/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District, is illegal and arbitrary, consequently direct the respondents to refrain to lay a road in the 18ft irrigation channel in Sy.No.117/6 and further not to interfere with the private property of the Petitioner in Sy.No.117/5, 117/8 and 177/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District, without following due process of law in the interest of justice and to pass such other order or orders ….” 2. When the writ petition came up for admission on 29.05.2020, this Court was pleased to pass the following interim order: The case of the petitioner is that they are owning lands in Survey Nos.117/5, 117/8 and 177/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District and they are getting water from 18 feet irrigation channel flowing in Survey No.117/6 of Rellivalasa Village. Now, the respondent authorities 1 to 5 are highhandedly laying the road by occupying the 18 feet irrigation channel flowing in Survey No.117/6. Admittedly, as per the adangal in respect of the land in Survey No.117/6, kaluva is shown. If the road is formed by occupying the irrigation channel by the respondents, the petitioner will be deprived of water supply to their fields. In the facts and circumstances of the case and considering the submission of the learned counsel for the petitioner and on perusal of the record, this Court prima facie satisfied that the petitioner has shown sufficient cause for grant of interim direction. Accordingly, there shall be an interim direction to the respondents not to lay any road in 18 feet irrigation channel situated in Survey No.117/6 and further not to interfere with the 4 private land of the petitioner in Survey Nos.117/5, 117/8 and 117/9 of Rellivalasa Village, till 24.06.2020. 3. In view of the interim order granted by this Court dated 29.05.2020, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioner’s property in survey Nos.117/5, 117/8 & 117/9 of Rellivalasa Village, Poosapatirega Mandal, Vizianagaram District, without following due process of law. 4. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 10.09.2025 MDP