APHC010343302019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction; I /' o1^1 THURSDAY,THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJ/THA '' WRIT PETITION NO: 16299 OF 2019 Between: Ponuku Vijaya Kumar @ Fredrick,, S/o. Late Prakasam, Aged 70 years, Occ. Cultivation, Rio. JonnalapalemVillage, Veeravasaram Mandal, West Godavari District. ...Petitioner AND 1. State of Andhra Pradesh, Rep. by its Principal Secretary to Government, Irrigation and Command area Develooment Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. Deputy Executive Engineer, Irrigation and Commanc area Development Department, Tanuku Town and Mandal, West Goda /ari District. 3. Assistant Executive Engineer, Irrigation and Command Development Department, Penumantra Village .and Mandal, West Godavari District. 4. Tahsildar, Veeravasaram Mandal, West Godavari Di:;trict. 5. Village Revenue Officer, Rayakuduru Village, Veeravasaram Mandal, West Godavari District. 6. Rayakuduru Gram Panchayat, Rep. by its Panchayat Secretary, Rayakuduru Village, Veeravasaram Mandal, West G idavari District. \ 7. Special Officer, Rayakuduru Gram Panchayat, Rayakuduru Village, Veeravasaram Mandal, West Godavari District. area 6. Rayakuduru Gram Panchayat, Rep. by its Panchayat Secretary, Rayakuduru Village, Veeravasaram Mandal, West Godavari District. 7. Special Officer, Rayakuduru Gram Panchayat, Ra/akuduru Village, Veeravasaram Mandal, West Godavari District. 8. Madugupolavaram Gram Panchayat, Rep. by its Panchayat Secretary, Madugupolavaram, Veeravasaram Mandal, West Godavari District. 9. Village Revenue Officer, Madugupolavaram Village, Veeravasaram Mandal, West Godavari District. ...Respondents Petition under Article 226 of the Constitution of India !:)raying 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 respondents in insisting the petitioner to vacate from his agricultural land of Ac.0.30 cents in Survey No.86 in Rayakuduru Village as well as the land of Ac. 0.79 Cents, in by Survey No. 177/6 in at Madugupolavaram Village in Veeravasaram Mandal of West Godavari District, without following any known procedure e stablished by law, as illegal, irregular, irrational, without any authority of law a id offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents particularly the 3'^'^ respondent not to interfere n any manner with the petitioner’s peaceful possession and enjoyment over his said land. (Prayer is amended as per Court Order dt.14.08.2025 in IA No.2 of 2019.) lA NO: 1 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court rriay be pleased to direct the respondents not to interfere in any manner \A'ith the petitioner's possession over his agricultural land of Ac 0.79 Cents, covlijred by Survey No. 177/6 at situated in Jonnalapalem Village in Veeravasarani Mandal of West Godavari District, pending disposal of the main Writ Petition. Counsel for the Petitioner: SRI SARATH KUMAR D Counsel for the Respondent Nos. 1 to 3;GP FOR IRRIGA HON COMM AREA DEV Counsel for the Respondent Nos. 4, 5 and 9:GP FOR RE\/ENUE Counsel for the Respondent Nos. 6 to 8: SRI Y KOTESWi\RA RAO SC FORZPP, MPP ANDGP The Court made the following order: APHC010343302019 IN THE HIGH COURT OF ANDHRA PR/> DESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY. THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16299/2019 Between; I.PONUKU VIJAYA KUMAR @ FREDRICK,, S/0. LATE PRAKASAM, AGED 70 YEARS, OCC. CULT1V/\TI0N, RIO. JONNALAPALEMVILLAGE, VEERAVASARAM M'\NDAL, WEST GODAVARI DISTRICT. ...PETITIONER AND ESTATE OF ANDHRA PRADESH, REP. BY TS PRINCIPAL SECRETARY TO GOVERNMENT. IRRIGATION /\ND COMMAND DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. AREA 2.DEPUTY EXECUTIVE ENGINEER. IRRIGATION /\ND COMMAND AREA DEVELOPMENT DEPARTMENT, TANUKU TOWN MANDAL, WEST GODAVARI DISTRICT. AND 3.ASSISTANT EXECUTIVE ENGINEER, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, PENUM/.NTRA VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 4.TAHSILDAR. VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. 5.VILLAGE REVENUE OFFICER. RAYAKUDURU VILLAGE. VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. 6. RAYAKUDURU GRAM PANCHAYAT, REP. BY IPS PANCHAYAT SECRETARY, RAYAKUDURU VILLAGE, VEERAVALiARAM MANDAL, 2 VS,J W.P.No.l6299of2019 WEST GODAVARI DISTRICT. 7.SPECIAL OFFICER RAYAKUDURU GRAM PANCHAYAT, RAYAKUDURU VILLAGE, VEERAVASARAM ^MNDAL, WEST GODAVARI DISTRICT. 8.MADUGUPOLAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. SECRETARY, MADUGUPOLAVARAM, 9.VILLAGE REVENUE OFFICER, MADUGUPOLA\ARAM VILLAGE VEERAVASARAM MANDAL, WEST GODAVARI DISTRICT. ... ?ESPONDENT(S): Petition under Article 226 of the Constitution of Indio 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 respordents insisting the petitioner to vacate from his agricultural land of Ac.0.30 cents in Survey No.86 in Rayakuduru Village as well as land of Ac. 0.79 Cents, covered by Survey Nb. 177/6 situated at Madugupolavaram Village in Veeravasaram Mandal of West Godavari District, without following any known procedure established by law, as illegal, irregular, irrational, without any authority of law and offends Articles 14, 21 and 300A of Constitution of India and consequently direct the respondents particularly the 3rd respondent not to interfere in any manner with the petitioner 039 s peaceful possession and enjoyment over his said land... Prayer is amended as per Court Order dt.14.08.2025 in lA No.2 of 2019. lA NO: 1 OF 2019 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 direct the respondents not to interfere in any manner rvith the petitioner's possessionover his agriculturalland of Ac 0.79 Cents, co'^ered by Survey No. 177/6 at situated in Jonnalapalem Village in Veeravasanum Mandal of West Godavari District, pending disposal of the main Writ Petition lA NO; 2 OF 2019 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Ccurt may be pleased To permit the petitioner to amend the "land of Ac.0.30 cents in Survey No. 86 in Rayakuduru Village as well as the land of Ac. 0.79 in Purvey No. 177/6 in 3 VS,J W.P.No.16299 of 2019 Madugupolavaram Village" in the writ affidavit as well as writ petition and all connected applications where ever occurred in the writ pe:ition and affidavit filed in support thereof in the interest of justice and pass lA NO: 1 OF 2022 Petition under Section 151 CPC praying that in the circ umstances stated in the affidavit filed in support of the petition, the High Court may be pleased to receive the material paper as per annexed list being filed he ewith in W.P. No. 16299 of 2019 in the interests of equity and justice and to pass Counsel for the Petitioner: 1.SARATH KUMAR D Counsel for the Respondent(S): 1.KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND SRAM PAN) 2.GP FOR REVENUE (AP) 3. N SRIHARi (Standing Counsel for ZPP MPP and GRAf,/l PANCHAYAT) 4.GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.l6299of2019 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 particuiarly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in insisting the petitioner to vacate from his agricultural land of Ac-0.79 Cents, covered by Survey No. 177/6 situated at Jonnalapalem Village in Veeravasaram Mandal of West Godavari District without following any known procedure established by law as illegal irregular irrational without any authority of law and offends Articles 14 21 and 300A of Constitution of India and consequently direct the respondents particularly the 3rd respondent not to interfere in any manner with the petitioners peaceful possession and enjoyment over his said land ....” The petitioner claims to be the absolute owner, pc ssessor and enjoyer 2. of agricultural land of an extent of Ac.0-30 cents in Sy.Mo.86 in Rayakuduru Village as well as the land of an extent of Ac.0-79 certs in Sy.No.177/6 in Madugupolavaram Village, having succeeded the same from his forefathers. The revenue authorities having recognized the possession and enjoyment of the petitioner’s father over the said property in the year 1935 itself has also issued B-Form in favour of the petitioner’s father. While the matter being so, in the year 2014, when l;he respondentstried 3. to interfere with the petitioner’s peaceful possession and enjoyment of the subject property, without following due process of lav^ the petitioner was constrained to file W.P.No.17554 of 2014 before the er:5twhile High Court of Judicature at Hyderabad for the State of Telangana cind Andhra Pradesh, wherein an interim direction was passed on 04.07.2014, directing the 5 VS,J ^ W.P. No.16299 of 2019 respondents therein not to evict the petitioner from the subject lands. The said writ petition is pending for final adjudication before this Court, 4. The grievance of the petitioner in the present writ petition is that pending the said writ petition, during the third week of July 2019, respondents No.3 to 9 and their subordinates have visited the petiioner’s land and surveyed the same and thereafter installed a board displaying that the said land belongs to the Government and vests with respondent No.1 i.e.. Irrigation Department. Challenging which, the present writ petition is filed. Respondent No.4 has filed a detailed counter, duly st ating that the land admeasuring an extent of Ac. 1-66 cents covered in Sy.No. 36 of Rayakuduru Village is classified as ‘Kaluva Poramboke’ as per revenue records i.e., RSR of Rayakuduru Village and vested with the Irrigation Depijrtment, and land admeasuring an extent of Ac.0-79 cents covered in Sy.No.177/6 of Jonnalapalem H/o Madugupolavaram Village, Veeravasaram Mandal is classified as “Tank Porambok” as per RSR of Madugupolavaram Village, Veeravasaram Mandal and vested with Gram Panchayat Madugupolavaram. Since the encroachment of canal and tank poramboke is hi(:jhly objectionable per BSO condition 15-2 and orders of the Hon’ble Apex Court in Civil Appeal No.4787 of 2001, dated 25.07.2001, the respondent has issued a notice to the petitioner on 23.08.2019, directing the petitioner to remove the said encroachment. It is further stated that in W.P.No.17554 of 2014, the petitioner obtained interim order only in respect of the land admeasuring Ac.0-79 cents in Sy.No.177/6 and as this Court directed the; respondentsnot 5. as 6 VS,J W.P. No.16299 of 2019 to evict the petitioner from the land in Sy.No.177/6 of an extent of Ac.0-79 cents, the respondents have not interfered with the possession of petitioner the said piece of land. However, as the petitioner has. also encroached the water body i.e., canal poramboke in an extent of Ac.0-50 cents in Sy.No.86,, the respondents have issued a notice directing] the petitioner to vacate the said land, which is in accordance with law laid down by the Hon’ble Apex Court and as such requested to dismiss the writ petitic n . over Respondent No.3 has also filed a detailed counter \»/herein it is stated that the respondent No.4 has addressed a letter to respondent No.3, informing about the petitioner’s unauthorized occupation in R.S.No,86 in an extent of Ac.0-50 cents, which belongs to Water Resources Department in Rayakuduru Village, Veeravasaram Mandal. The respondent No.4 furi.her stated that on 28.01.2019, the Mandal Deputy Surveyor has surveyed the said land and fixed the boundaries and handed over the same to the Water Resources Department, as the same belongs to the Water Resources Department and further requested respondent No.3 to issue consent for allotment of Ac.0-50 cents of land in R.S.No.86 of Rayakuduru Village, which tielongs to Irrigation Department, for the purpose of burial ground to SC Community people. In this connection, the respondent No.3 has recommended the jsibove matter to the higher authorities for assignment of Irrigation land o1 Ac.0-35 cents in R.S.No.86 for the purpose of burial ground to SC Community people in Rayakuduru Village, Veeravasaram Mandal. 6. 7 VS,J W.P.No.16299 of 2019 While so on 23.08.2019, the petitioner started making arrangements for harvesting the seed beds in R.S.No.86 in an extent :)f Ac.0.50 cents of Rayakuduru Village of Veeravarsaram Mandal. The respondents No.3 to 9 having identified the same, have instructed the petitione' to vacate from the government land and stop cultivation in the said land. It s further stated that the petitioner has removed the survey sticks and encroached into the land belonging to the Irrigation Department. As the land in R,S.No.86 belongs to the Irrigation Department and as it is the duty of the respondents No.2 and 3 to protect the lands of the Irrigation Department from the encroachments, they have issued a notice on 23.08.2019 directing the petitioner to stop the cultivation in R.S.No.86 and also to rearrange the Peg stones/Survey Sticks which were arranged after the joint survey. It is stated thist respondents No.2 and 3 have followed due procedure in protecting the laid belonging to the Irrigation Department and as such requested to dismiss this writ petition. 7. Heard learned counsel for the petitioner, learned TJovernment Pleader for Irrigation for respondents No.1 to 3, learned Government Pleader for Revenue for respondents No.4, 5, and 9 and learned Standing Counsel for Gram Panchayatfor respondents No.6 to 8. 8. 9. It is an admitted fact that the petitioner has earlier filed W.P.No.17554 of 2014 wherein the petitioner succeeded in obtaining an interim order with regard to the land in Sy.No. 177/6 of an extent of Ac.O- i'9 cents situated in Jonnalapalem Village, Veeravarsaram Mandal, West C.todavari District. In pursuance of the same, the pefitioPier is continuing^ possession of the said 8 VS,J W.P.No.l6299of2019 land. It is also admitted fact that the notice dated 23.08.2019 was issued only with regard to the land in Sy.No.86 of Rayakuduru Village which is stated to be water body, and not the land in Sy.No.177/6, in respect of which interim order is in operation. So far as the land in Sy.No.86, which is stated to be a water body, even if there is any encroachment in tlie said land, the respondents are supposed to follow due process of la’w in removing the alleged encroachments. As the respondents have already issued a notice dated 23.08.2019 10. directing the petitioner to remove the encroachment to at i extent of Ac.0.50 cents in R.S.No.86 of Rayakuduru Village, Veeravarsaram Mandal, the petitioner is directed to submit his explanation, if any, to the said notice within a period of two (2) weeks from the date of receipt of a copy of this order, and upon receiving the same, the respondents, after duly conducting an enquiry by affording an opportunity to the petitioner, shall pass appropriate orders within a period of four (4) weeks thereafter. Till such time, tfe respondents are directed not to interfere with the petitioner’s possession over the subject land. Accordingly, the Writ Petition is disposed of. There ;;.hall be no order as 11. to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/- K J RAJA BABU assistant registrar // SECTOIN OFFICEF //TRUE COPY// To, 1 The Principal Secretary to Government, Irrigation and Command area Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Deputy Executive Engineer, Irrigation and Command area Development Department, Tanuku Town and Mandal, West Godavari District. 3. The Assistant Executive Engineer, Irrigation and Command area Development Department, Penumantra Village Godavari District. 4. The Tahsildar, Veeravasaram Mandal, West Godavari District. 5. The Village Revenue Officer, Rayakuduru Village, Veeravasaram Mandal, West Godavari District. and Mandal, West 6. The Panchayat Secretary, Rayakuduru Gram Pancliayat, Rayakuduru Village, Veeravasaram Mandal, West Godavari Distri(T. 7. The Special Officer, Rayakuduru Gram Panchayat, Rayakuduru Village, Veeravasaram Mandal, West Godavari District. 8. The Panchayat Secretary, Madugupolavaram Gram Panchayat, Madugupolavaram, Veeravasaram Mandal, West Godavari District. 9. The Village Revenue Officer, Madugupolavaram Village, Veeravasaram Mandal, West Godavari District. One CC to Sri. Sarath Kumar D Advocate [OP JC] One CC to Sri. Y Koteswara Rao SC for ZPP, MPP and GP 10. 11. [OPUC] 12. Two CCs to GP for Revenue, High Court cf Andhra Pradesh [OUT] 13. Two CCs to GP for Irrigation and Common An;;a Dev, High Court of Andhra Pradesh [OUT] Two CD Copies 14. GSC V • 1 ' HIGH COURT DATED:14/08/2025 ORDER WP NO. 16299 OF 2019 rrentSectio DISPOSING THE WP WITHOUT COSTS