APHC010324662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) m X- ,V vs? ■ X THURSDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16373 OF 2n?fi ‘r/.' 1 Between: Pendyala Satyanarayana, S/o. Late Pendyala Appalaraju, Aged 68 years, Occ: Agriculturist, R/o. D.No. 2-138 Village,Tondangi Mandal, Kakinada District, AP. near Panchayat Building,Sitarampuram ...Petitioner AND 1. The state of Andhra Pradesh, Rep. by its Principal Secretary of Revenue, Secretariat, Velagapudi, Amaravati. 2. The District Collector, Kakinada District, Collectorate Kakinada 3. The Tahsildar, Tondangi Mandal, Kakinada District. 4. Pendyala Nageswara Rao, . S/o Manikyam, aged about 56 years, R/o Sitarampuram, Tondangi Mandal, Kakinada Di.strict. 5. Pendyala Apparao, S/o Tatabbai, aged about 60 Sitarampuram, Tondangi Mandal, Kakinada District Department 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 an appropriate Writ, Order or Direction more particularly in the nature of Writ of Mandamus, Declaring the action of the Respondents in failing to take action one official against the private Respondents (Respondents 4 and 5), who are illegally laying a road upon the Pushkara canal bund and across the private agricultural land of the petitioner situated in ^ Survey Nos. 65, 67, 68, 166 and 168 of Kommanapalli Village, without following due process of law or obtaining the consent of the petitioner as arbitrary, illegal, high-handed, and in violation of Articles 14 21 and 300A of the Constitution of India and Consequently direct the official Respondents to take all necessary steps to prevent such illegal activity and to restore the canal bund and the petitioners agricultural land to its original status. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the official Respondents to stop the ongoing illegal construction or laying of road over the canal bund and petitioner’s land by the private Respondents, and to consider and dispose of the petitioner’s representation dated 10-06-2025, forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI PALLA BALL! Counsel for the Petitioner: SRI PALLA BALL! ANIL KUMAR Counsel for the Respondent Nos.1 to 3 : GP FOR REVENUE Counsel for the Respondent Nos.4 & 5 : NONE APPEARED The Court made the following order: A APHC010324662025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16373/2025 Between: 1.PENDYALA SATYANARAYANA., S/0 LATE PENDYALA APPALARAJU, AGED 68 YEARS, OCC- AGRICULTURIST, R/0 D.NO. 2-138 NEAR PANCHAYAT BUILDING,SITARAMPURAM VILLAGE,TONDANQI MANDAL, KAKINADA DISTRICT, AP ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF REVENUE, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR, KAKINADA DISTRICT, COLLECTORATE KAKINADA DISTRICT. 3.THE TAHSILDAR, TONDANGI MANDAL, KAKINADA DISTRICT. 4. PENDYALA NAGESWARA RAO, . S/0 MANIKYAM, AGED ABOUT 56 YEARS, R/0 SITARAMPURAM, TONDANGI MANDAL, KAKINADA DISTRICT. 5. PENDYALA APPARAO, S/0 TATABBAI, AGED ABOUT 60 SITARAMPURAM, TONDANGI MANDAL, KAKINADA DISTRICT ...RESPONDENT(S): Petition under Artide 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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus, Declaring the action of the official Respondents in failing to take action against the private Respondents (Respondents 4 and 5), who are illegally laying a road upon the Pushkara canal bund and across the private agricultural land of the petitioner situated in Survey Nos. 65, 67, 68, 166 and 168 of Kommanapalli Village, without following due process of law or obtaining the consent of the petitioner as arbitrary, illegal, high-handed, and in violation of Articles 14 21 and 300A 2 NV,J W.P.No. 16373 of 2025 of the Constitution of India and Consequently direct the official Respondents to take all necessary steps to prevent such illegal activity and to restore the canal bund petitioners agricultural land to its original status 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 may be pleased to direct the official Respondents to stop the ongoing illegal construction or laying of road over the canal bund and petitioner’s land by the private Respondents, and to consider and dispose of the petitioner’s representation dated 10-06-2025, forthwith, pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: 3 NV,J W.P.No.16373 of 2025 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16373 OF 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India 1. 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 official Respondents in failing to take action against the private Respondents (Respondents 4 and 5), who are illegally laying a road upon the Pushkara canal bund and across the private agricultural land of the petitioner situated in Survey Nos. 65, 67, 68, 166 and 168 of Kommanapalli Village, without following due process of law or obtaining the consent of the petitioner as arbitrary, illegal, high-handed, and in violation of Articles 14 21 and 300A of the Constitution of India and Consequently direct the official Respondents to take all necessary steps to prevent such illegal activity and to restore the canal bund petitioners agricultural land to its original status.” Learned counsel for the petitioner submits that Respondent Nos.4 & 5 illegally laying road upon the Pushkaara Canal Bund across the private agricultural land of the petitioner situated in Sy Nos.65, 67, 68, 166 and 168 of Kommanapalli Village, without following due process of law. Even though the petitioner submitted representation dated 10.06.2025, Respondent Nos.2 & 3 neither considered the representation nor issued any proceedings. Hence the writ petition. 2. are 4 NV,J W.P.No. 16373 of 2025 On the other hand, learned Assistant Government Pleader for Revenue instructions furnished by the Tahsildar, Thondangi vide dated 02.07.2025. He submits that, the writ petitioner and his lands adjacent to the Pushkara Canal. Upon field staff 3. submitted written Ref. B/100/2025 family members have enquiry it is revealed that, at present the unofficial respondent Nos.4 & 5 are not laying any road on the Pushkara Canal Bund adjacent to the petitioner’s land under canal bund acquired by irrigation authorities and at proposals received from irrigation department for canal bund. However, unofficial respondent Nos.4 & 5 land. The present there is are laying the road over have no right to formation or lay any road over without proper permissions and sanctions from the irrigation department. If any such unauthorized road is started by the unofficial respondent Nos.4 & 5, file objection before the competent irrigation authority. On written instructions, learned Assistant Government Pleader no canal bund unauthorizedly the petitioner can the basis of the submits that Respondent Nos.4 & 5 are not making any work of laying road on the canal bund and if any such work are made, competent authority will take action against Respondent Nos.4 & 5. Based on the written instructions Government Pleader submits that the learned Assistant received Respondent Nos. 4 and 5 are not undertaking any construction activities on carried out, the the canal bund. However, if any such construction is competent authority shall take appropriate action against Respondent Nos. 4 and 5 in accordance with law and requested to pass appropriate orders. 5 NV,J W.P.No.16373 of 2025 Heard learned counsel for the petitioner, learned Assistant Government 4. Pleader for Revenue and perused the material available on record. n Upon recording the written instructions furnished by the Tahsildar and considering the submissions made by the learned Assistant Government Pleader to the effect that Respondent Nos. 4 and 5 are not carrying out any construction on the canal bund, this Court is of the opinion that the grievance of the petitioner stands redressed. However, it is made clear that in the event any such construction is undertaken in future, the competent authority shall initiate appropriate action against Respondent Nos. 4 and 5 in accordance with law. Furthermore, Respondent Nos. 2 and 3 are directed not to permit Respondent Nos. 4 and 5 to lay any road on the canal bund henceforth. 5. With the above direction, writ petition is disposed of. No costs. 6. 7. Consequently, miscellaneous applications pending if any, shall stand closed. SD/- N NAGAMMA ASSISTANT REGISTRAR i //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary Department of Revenue, State of Andhra Pradesh Secretariat, Velagapudi, Amaravati. 2. The District Collector, Kakinada District, Collectorate Kakinada District. 3. The Tahsildar, Tondangi Mandal, Kakinada District. 4. One CC to Sri Palla Balu Anil Kumar, Advocate [OPUC] 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 6. Two CD Copies Cnr HIGH COURT DATED:03/07/2025 ORDER WP NO. 16373 OF 2025 gS^ o 15 JUl 2I)?5 .X m coh5 O. . Curreni SecJion disposing of the w p WITHOUT COSTS