APHC010251272025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12886/2025 Between: Kandriga Munisekhar, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12886/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondent Nos.5 and 6, who were obstructing the petitioner and his family members in carrying works in their possession and enjoyment of the land in Survey No.90-2 to an extent of Ac.0.70 cents, in Survey No.90-3 an extent of Ac.0.70 cents, in Survey No.90-8A to an extent of Ac.0.18 cents, in Survey No.90-3 to an extent of Ac.2.24 cents, Survey No.90-8B to an extent of Ac.0.13 Cents and they totally having land to an extent of Ac.3.95 cents situated at Vetagiripalem Village, Tanayali Panchayat, Doravarisatram Mandal, Tirupati District, further trying to lay bund on the southern boundary part of the petitioner’s patta land without issuing any notice or following any procedure of law as illegal, arbitrary and against the principles of natural justice and consequently direct the respondent authorities not to interfere or initiate any action on the land in possession and enjoyment of the petitioner and his family members in Survey No.90-2 to an extent of Ac.0.70 cents, in Survey No.90-3 an extent of Ac.0.70 cents, in Survey No.90-8A to an extent of Ac.0.18 cents, in Survey No.90-3 to an extent of Ac.2.24 cents, Survey No.90-8B to an extent of Ac.0.13 Cents and they totally having land to an extent of Ac.3.95 cents situated at Vetagiripalem Village, Tanayali Panchayat, Doravarisatram Mandal, Tirupati District without following due process of law and pass such other order.” 2. Heard learned counsel for the petitioner and learned Government Pleader for the respondents. 3. Learned counsel for the petitioner submits that the petitioner along with his family members are the absolute owners 3 and possessors of the land in Survey No.90-2 to an extent of Ac.0.70 cents, in Survey No.90-3 an extent of Ac.0.70 cents and Ac.2.24 cents, in Survey No.90-8A to an extent of Ac.0.18 cents, Survey No.90-8B to an extent of Ac.0.13 Cents and they totally having land to an extent of Ac.3.95 cents situated at Vetagiripalem Village, Tanayali Panchayat, Doravarisatram Mandal, Tirupati District. The grievance of the petitioner is that respondent Nos.6 and 7 are taking steps to lay the bund in the land situated in Sy.No.90/3, Vetagiripalem Village without following due process of law and without observing principles of natural justice. Hence, the Writ Petition. 4. On the other hand, learned Government Pleader for the respondents furnished written instructions dated 15.06.2025 issued by the 6th respondent, wherein it is stated as follows: “The Assistant, Executive Engineer, Irrigation Section No-IV, Doravarisatram vide letter dated 21.04.2025, informed that the villagers of SC Colony, Buradamadugu Village represented that the SC Colony inundated during the floods in rainy seasons because surplus water released from Buradamadugu Tank and requested to take further action in the matter. Inspected the land along with Mandal Land Survey Officer, Mandal Revenue Inspector, VRO concerned, Deputy Executive Engineer, Irrigation and Asst. Executive Engineer, Irrigation. During the course of inspection it is observed that, there is no encroachments on the Tank bund. 4 The Irrigation Authorities have orally stated that, if the Government shown 6 meters width of land, they are lay the bund to the tank for strengthening of tank bund. It is also observed that to an extent of Acs.0.27 cents in Sy.No.90-3 of Vetagiripalem Village identified to lay the bund, the land is purely patta land belongs to the following persons: Kandriga Gangireddy, S/o.Muniswamy Ac.0.07 Kandriga Chengaiah, S/o.Muneiah Ac.0.07 Kandriga Munisekhar, S/o.Pattabhi (Writ Petitioner) Ac.0.07 Kandriga Muni Subbaiah, S/o.Muniswamy Reddy Ac.0.06 5. Learned Government Pleader for the respondents further submits that with the consent of the ryots, the respondents are taking steps to lay the bund to save the crops from the surplus water by way of floods. The respondents identified the required land for laying bund is clearly mentioned at pata No.7 of the written instructions. But so far, the respondent not initiated any action against the petitioner. If the respondents are laying further and interfering with the land of the petitioner, they will follow due process of law as required. 6. Having regard to the submissions made by the learned counsel for the petitioner and the learned Government Pleader for the respondents, this Court deems it appropriate to dispose of the Writ Petition directing the respondent not to interfere with the petitioner’s subject property without following due process of law. 5 7. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 16.06.2025 TTPPSS 6 58 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12886/2025 16.06.2025 TTPPSS 7