APHC010321792025 IN THE HIGH COURT OF ANDHRA (Special Original Jurisdiction) MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16503/2025 Between: 1. PERICHERLA SURYANARAYANA RAJU, S/O. PERICHERLA BULLI SUBBARAJU, AGED 75 YEARS, OCC BUSINESS, R/O. H.NO.5-66 TO 5 VILLAGE AND MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 1. THE STATE OF SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 2. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCE (IRRIG DEVELOPMENT) SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, DR. B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 4. THE DISTRICT PANCHAYAT OFFICER, DR. B.R. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY, THE SEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16503/2025 PERICHERLA SURYANARAYANA RAJU, S/O. PERICHERLA BULLI SUBBARAJU, AGED 75 YEARS, OCC BUSINESS, 66 TO 5-69, WHARF ROAD, P. GANNAVARAM VILLAGE AND MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCE (IRRIGATION AND COMMAND AREA DEVELOPMENT) SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, DR. B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. THE DISTRICT PANCHAYAT OFFICER, DR. B.R. [3505] PERICHERLA SURYANARAYANA RAJU, S/O. PERICHERLA BULLI SUBBARAJU, AGED 75 YEARS, OCC BUSINESS, 69, WHARF ROAD, P. GANNAVARAM VILLAGE AND MANDAL, DR. B.R.AMBEDKAR ...PETITIONER AP, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER ATION AND COMMAND AREA DEVELOPMENT) SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, DR. B.R.AMBEDKAR THE DISTRICT PANCHAYAT OFFICER, DR. B.R. 2 AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 5. THE DIVISIONAL PANCHAYAT OFFICER, KOTHAPETA DIVISION, KOTHAPETA, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 6. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWARAM, EAST GODAVARI DISTRICT. 7. EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION, WATER RESOURCES DEPARTMENT, AMALAPURAM, DR.B.R.AMBEDKARKONASEEMA DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, P.GANNAVARAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 9. THE ASSISTANT ENGINEER, IRRIGATION SECTION, RAZOLE, WATER RESOURCES DEPARTMENT, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 10. THE TAHSILDAR, P.GANNAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 11. THE EXECUTIVE ENGINEER, R AND B DIVISION, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 12. THE GRAM PANCHAYAT P GANNAVARAM VILLAGE, REPRESENTED BY ITS PANCHAYAT SECRETARY, P. GANNAVARAM VILLAGE, P. GANNAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA 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 to issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in taking steps to construct Government buildings on Irrigation Canal, Canal 3 bund and Road margins (Podalada to Rajavaram R and B Road) in R.S.No. 165 to an extent of Ac.4-99 Cents situated at Patha Gannavaram Village, P. Gannavaram Mandal, Dr.B.R. Ambedkar Konaseema District by closing the Petitioner and his family members way to approach (Way of access/ Line of Contract) their residential house and land as illegal and unconstitutional and violative of Art 14 and 21 of Constitution of India and consequently declare that constructions are not permissible on Irrigation Canal and Canal bund especially in R.S.No.165 to an extent of Ac.4-99 Cents situated at Patha Gannavaram Village, P. Gannavaram Mandal, Dr.B.R. Ambedkar Konaseema District and pass IA 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 direct the Respondents to stop the construction activities of Government buildingson Irrigation Canal, Canal bund and Road margins (Podalada to Rajavaram R & B Road) in R.S.No.165 to an extent of Ac.4-99 Cents situated at Patha Gannavaram Village, P. Gannavaram Mandal, Dr.B.R.Ambedkar Konaseema District and pass Counsel for the Petitioner: 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD 4 The Court made the following order: The present writ petition is filed questioning the action of the respondents in taking steps to construct building on irrigation canal, canal bund and road margins in R.S.No.165 to an extent of Ac.4.99 cents of Patha Gannavaram village and mandal, Dr.B.R.Ambedkar Konaseema District. 2. It is the case of the petitioner that the land in R.S.No.165 of P.Gannavaram is classified as canal poramboke (pantakaluva) in revenue records, he filed copy of adangal along with the writ petition. 3. On the other hand the learned standing counsel appearing for respondent No.12 would submit that neither the gram panchayat has passed any resolution nor it is undertaking any construction as alleged by the petitioner. He would further submit that the present writ petition is filed on the apprehension. 4. Having regard to the submissions made by both the counsel and in view of the fact that for the present no construction is undertaken by the respondents, the present writ petition is disposed of directing the respondent not to undertake any construction in survey No.165 of P.Gannavaram village, which is classified as canal poramboke. It is needless to mention that if any construction is undertaken by the respondent authorities in future, the petitioner is at liberty to take steps available under law. 5 5. With the above directions, the present writ petition is disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. _____________________ JUSTICE T.C.D.SEKHAR Dt: 07.07.2025. GRL 6 151 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 16503 of 2025 Dt: 07.07.2025. GRL