APHC010217542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10828 OF 2025 / Between: G Ravindranath, S/o. Late Raja Gopal, Aged 63 years, R/o. Quarter No.A/53, N.S.C. Camp Colony, V.P.South, Nagarjuna Sagar, Palnadu District, Andhra Pradesh. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat Buildings Velagapudi, Amaravathi, Guntur District, Andhra Pradesh. 2. The Chief Engineer, Nagarjuna Sagar Project, Opp Collector office, Guntur, Guntur District. 3. The Superintending Engineer, NSJ, O and M Circle, Lingamguntia Narasaraopet, Palnadu District. 4. The Executive Engineer, NSJC O and M Division, Macherla, Palnadu District. 5. Deputy Executive Engineer, NSJC, Water Supply and Sewerage Sub Division Water Resources Department, V.P. South, Palnadu District ...Respondents 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, or Direction, more particularly one in the nature’df -.Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings No.AB/EC.2/Quarters/171 M dated 09.04.2025, cancelling the allotment of residential quarter No.A/53 in N.S.C. Camp Colony, Vijayapuri South, without issuing any prior notice or following due process, as illegal, arbitrary, and violative of principles of natural justice, and consequently set aside the said impugned proceedings dated 09-04-2025 by directing the respondents not to evict the petitioners family from the said quarter without following due process of law. lA 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 to suspend the operation of the impugned proceedings bearing No.AB/EC.2/Quarters/171Mdated 09.04.2025 issued by the 4th respondent, pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKATA REDDY CHITTEM Counsel for the Respondents: GP FOR IRRIGATION AND COMM AREA DEV The Court made the following order: APHC010217542025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 10828/2025 Between: 1,G RAVINDRANATH, S/0. LATE RAJA GOPAL, AGED 63 YEARS, R/0. QUARTER NO.A/53, COLONY, V.P.SOUTH, NAGARJUNA SAGAR, PALNADU DISTRICT, ANDHRA PRADESH. N.S.C. CAMP ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. BUILDINGS VELAGAPUDI, 2.THE CHIEF ENGINEER, NAGARJUNA SAGAR PROJECT, COLLECTOR OFFICE, OPP GUNTUR, GUNTUR DISTRICT. 3.THE SUPERINTENDING ENGINEER, NSJ, O AND M CIRCLE, LINGAMGUNTIA NARASARAOPET, PALNADU DISTRICT. 4.THE EXECUTIVE ENGINEER, NSJC O AND M DIVISION, MACHERLA, PALNADU DISTRICT. 2 5. DEPUTY EXECUTIVE ENGINEER, NSJC, WATER SUPPLY AND SEWERAGE SUB DIVISION WATER RESOURCES DEPARTMENT, V.P. SOUTH, PALNADU 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 tomay be pleased to issue a Writ, Order, or Direction, more particularly one in the nature of Writ of Mandamus declaring the action of the 4th respondent in issuing proceedings No.AB/EC.2/Quarters/171 M dated 09.04.2025, cancelling the allotment of residential quarter No.A/53 in N.S.C. Camp Colony, Vijayapuri South, without issuing any prior notice or following due process, as illegal, arbitrary, and violative of principles of natural justice, and consequently set aside the said .impugned proceedings dated 09-04-2025 by directing the respondents not to evict the petitioners family from the said quarter without following due process of law, and pass such lA NO: 1 OF 2025 praying that in the Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased may be pleased to suspend the operation of the impugned proceedings bearing No.AB/EC.2/Quarters/171M dated 09.04.2025 issued by the 4th respondent, pending disposal of the above writ petition, and pass such Counsel for the Petitioner: 1 .VENKATA REDDY CHITTEM Counsel for the Respondent{S): 1.GP FOR IRRIGATION COMM AREA DEV 3 The Court made the following order; It is the case of the petitioner that, his father, late Sri G.Raja Gopal, worked as Assistant Engineer in the Irrigation Department. It is further case of the petitioner that, his father attained superannuation on 01.07.1990. During the tenure of his father as Assistant Engineer, he was allotted residential quarter No.A/53 situated at Vijayapuri South, Macherla Mandal, Guntur District. It is further case of the petitioner that, his family continued to reside in the said quarters till date by paying monthly rents to the department. It is further case of the petitioner that AP State Government Employees Association, Vijayapuri Nagarjuna Sagar Branch, made representations to the government, to allow the retired employees and the legal heirs of the deceased employees to continue to reside in their respective residential quarters allotted to them on payment of rents. The said request was favorably considered and the Government of Andhra Pradesh & CAD (PW-NSP) Department issued memo N0.2456/NSP. 1/98-6, dated 17.06.2004, according permission by permitting the retired employees and legal heirs of expired employees, to continue to stay in the residential quarters on payrpent of usual rents fixed by the department and CC charges etc., and also to issue NOC to the retired employees to get pensionery benefits subject to giving the following undertaking; “The retired employees/Legal heirs of expired employees occupying the quarters would continue to pay the rent as fixed by Chief Engineer, NSP, Hill Colony, Nalgonda District & CC charges till the issue is decided. In case of Non-payment of rent during any month, the individual would be cavated without giving any further notice besides taking other legal action”. Further, the Government reserves the right to take over the quarter at any time for Its legitimate requirements. 2. It is further case of the petitioner that, by virtue of memo dated 17.06.2004, his family continued to reside in the residential quarters allotted to his deceased father for the past thirty four (34) years. While so, the 4*^^ respondent issued impugned office order dated 09.04.2025, directing the petitioner to vacate from the residential quarters within a period of fifteen (15) days and to handover the same to the Assistant Executive Engineer, Camps & Buildings, VP South. Questioning the said office order dated 09.04.2025, the present writ petition is filed. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for irrigation. Perused the material available on record. 4. It is the specific case of the petitioner that, by virtue of dated 17.06.2004, the petitioner and his family is allowed to continue to reside in the residential quarters allotted to his deceased father. It is further case of the petitioner that, he is regularly paying rents to the department without there being any default. By the impugned officer dated 09.04.2025, the 4**^ respondent without issuing any notice, straight away directed the petitioner to vacate himself from the disputed residential quarters. On perusal of the impugned order, no specific allegations have been made against the petitioner except stating that condition No.1 of the allotment is violated. Further, nothing is placed on record to show that, what violation, if any, was made by the petitioner. In the absence of the same, the order impugned is not sustainable. The respondents, however, are bound to issue a show-cause notice to the petitioner before taking any action against the petitioner. Admittedly, in the present case, no such notice was issued to the petitioner and thereby the 4'^ respondent has violated the principles of natural justice while passing the impugned order. The learned Assistant Government Pleader for 5. memo 6 , ^ Irrigation would fairly submit that, no notice was issued to the petitioner before passing of the impugned order. i 6. Having regard to the submissions made by the learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation, the impugned order dated 09.11. issued by the respondent, is hereby set aside, and the writ petition is allowed. 2025, 7. It is needless to mention that, if the petitioner contravenes any conditions of the allotment, the respondents are at liberty to take action in accordance with law. There shall be costs. no order as to As a sequel, pending applications, if any, shall stand closed. Sd/- K.J.RAJA BABU assistant registrar //TRUE COPY// )r ‘§c- SECTION OFFICER To, Irrigation Department, State of Andhra Velagapudi, Amaravathi, 1. The Principal Secretary, Pradesh, Secretariat Buildings District, Andhra Pradesh. 2. The Chief Engineer, Nagarjuna Sagar Project, Opp Collector office, Guntur, Guntur District. 3. The Superintending Engineer, NSJ, O and M Circle, Lingamguntia Guntur Narasaraopet, Palnadu District. 4. The Executive Engineer District. NSJC O and M Division, Macherla, Palnadu 5. The Deputy Executive Engineer, NSJC, Water Supply and Sewerage Sub Division Water Resources Department, V.P. South, Palnadu District 6. One CC to Sri. Venkata Reddy Chittem Advocate {OPUC] 7. Two CCs to GP for Irrigation and Common Area Dev High Court of Andhra Pradesh [OUT] 8. Two CD Copies GSC HIGH COURT DATED:23/07/2025 ORDER WP NO. 10828 OF 2025 ALLOWING THE WP WITHOUT COSTS