1 APHC010212642019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9344/2019 Between: 1. GUBBALA NARAYANA RAO, S/O VENKATESHWARULU, AGED ABOUT 55 YEARS, OCC FARMER, R/O MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRI DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPLE SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, 2. THE DISTRICT COLLECTOR, EAST GODAVARI DIST, KAKINADA 3. THE ASSISTANT ENGINEER, IRRIGATION SECTION, WATER RESOURCES DEPARTMENT, TATIPAKA, RAZOL MANDAL, EAST GODAVARI DIST. 4. THE TASILDAR, RAZOLE MANDAL, EAST GODAVARI DIST. 5. ADAPA TRIMURUTHULU, S/O BRAMMAYYA AGED NOT KNOWN, OCC- BUSINESS(SWEET STALL) MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRI DIST 6. GIDUGU YEDUKONDALU, S/O GANIRAJU, AGED NOT KNOWN, OCC- BUSINESS(COLD DRINK SHOP)MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRIDIST 7. ADABALA SATTIPANDU, S/O SURYA RAO, AGED NOT KNOWN, OCC- BUSINESS (CYCLE STORE)MULUGUPALLI VILLAGE, 2 RAZOLE MANDAL, EAST GODAVRIDIST 8. GIDUGU SATYANARAYANA, S/O NARASIMHA MURTHY AGED NOT KNOWN, OCC- BUSINESS (SWEET STALL)MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRIDIST 9. GIDUGU VENKTAUSHVVAR RAO, S/O NARASIMHA MURTHY AGED NOT KNOWN, OCC- BUSINESS (LEASED OUT TO THE CHECKPOST) MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRICIST 10. ADABALA NAIDU PRASAD, S/O NARAYANA RAO, AGED NOT KNOWN, OCC- BUSINESS (WINE SHOP) MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRIDIST 11. NAGABUTTULA VENKESTWARA RAO, S/O CHELAMAYYA, AGED NOT KNOWN, OCC- BUSINESS (LEASING PROPERTY) MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRIDIST 12. ADABALA NARYANA PRASAD, ALIAS BUJJIBABU S/O RAMA KRISHNA VERARAJUAGED NOT KNOWN, OCC- BUSINESS (PHARMACEUTICAL SHOP) MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRI DIST. 13. GIDUGU SATYANARAYANA, S/O ADI NARAYANA AGED NOT KNOWN, OCC- BUSINESS MULUGUPALLI VILLAGE, RAZOLE MANDAL, EAST GODAVRI DIST ...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 tobe pleased to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the action on the part of the respondents 1 to4 herein, not taking any action for removal of encroachments of the Respondents no. 5 to 12, situated on the Irrigation canal of Mulukupalli village and issued a notice to the Petitioner on 26-04-2019 even though he has nothing to do with the encroachment as illegal, arbitrary and violative of the 14, 16, 21 of the Constitution of India and set a side the noticeno.52, dt- 25-06-2019 and consequentially direct the respondents 1 to 4 to take action for the removal of encroachments of Respondents 5 to 12 with immediate effect IA NO: 1 OF 2019 3 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 1 to 4 to take steps to removal encroachments of the respondents 5 to 12, situated on the irrigation canal of Mulugupalli village, Razole Mandal East Godavari Dist pending disposal of the above writ petition Counsel for the Petitioner: 1. SAMEERA BOKKA Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order or direction more particularly one in the nature of writ of Mandamus declaring the action on the part of the respondents 1 to4 herein, not taking any action for removal of encroachments of the Respondents no. 5 to 12, situated on the Irrigation canal of Mulukupalli village and issued a notice to the Petitioner on 26-04-2019 even though he has nothing to do with the encroachment as illegal, arbitrary and violative of the 14, 16, 21 of the Constitution of India and set a side the noticeno.52, dt-25-06-2019 and consequentially direct the respondents 1 to 4 to take action for the removal of encroachments of Respondents 5 to 12 with immediate effect….” 2. Brief facts of the case are that the petitioner herein is a resident of Mulugupalli village, Razole mandal, East Godavari district and ekes out his livelihood by doing petti business. While so, the 3rd respondent issued notice dated 25.06.2019 stating that as per the orders of Mandal Legal Services Authority, Razole dated 24.06.2019, the petitioner has encroached the Government land situated at Mulugupalli village on the irrigation canal without any permission from Government; as such, the petitioner was directed to remove the construction made by the petitioner in the said land. The grievance of the petitioner is that though he has not encroached any Government land and though respondent Nos.5 to 12 have encroached Government land by laying pakka constructions and running wine shop, sweet shop, medical shop, the respondent authorities have issued the said notice dated 26.04.2019 only to the petitioner. Hence, the present petition is filed. 5 3. When the writ petition came up for hearing on 05.02.2021, this Court has directed the respondent Nos.1 to 4 to take steps to remove encroachments made by respondent Nos.5 to 12 situated on the irrigation canal of Mulugupalli village, Razole mandal, East Godavari district. 4. Heard Sri. Bokka Satyanarayana, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of letter addressed by the Tahsildar, Razole dated 16.09.2025 wherein it is stated that the Assistant Executive Engineer, Irrigation section, Tatipaka has filed an application on 06.11.2019 to the Tahsildar, Razole for conducting survey of lands belonging to the Irrigation department in Sy.Nos.18, 19, 20, 21 and 22/1 which are classified as Irrigation canal. Therefore, the Mandal Surveyor has issued notices on 11.12.2019 to respondent Nos.5 to 12 to attend the survey to be conducted on the said irrigation lands on 13.12.2019. Pursuant to the said notice, a survey was conducted by the respondent authorities and Mandal Deputy Surveyor, Razole has fixed the boundaries of the canal as per field measurement book in the presence of Assistant Executive Engineer, Irrigation Section, Tatipaka. It is further stated that subsequently, the Assistant Executive Engineer, Irrigation Section, Tatipaka has not submitted any requisition to the Tahsildar, Razole to remove any kind of encroachments. As such, the Tahsidlar, Razole has not issued any eviction notices to the respondent Nos.5 to 12. As the earlier survey conducted on 13.12.2019 6 simply demarcates the boundaries but not the illegal structures present, further course of action to evict the encroachments on the Irrigation canal have to be taken by duly conducting a detailed joint survey afresh by Revenue and Irrigation departments, in order to identify the encroachments and structures constructed by all the encroachers. 6. It can be observed from the above instructions that though a survey was initially conducted by the Assistant Executive Engineer, Irrigation Section, Tatipaka in the presence of necessary parties, no requisition for removal of encroachments made by encroachers was made. As such, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondents to conduct a joint survey afresh with the assistance of Mandal Surveyor after duly giving notice to the petitioner and as well as respondent Nos.5 to 12 and thereafter, to initiate appropriate action against the encroachers in accordance with the provisions of the Land Encroachment Act, 1905. The said process shall be completed within a period of six (6) months from the date of receipt of a copy of this order. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :17.09.2025. Gss