APHC010345052025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) QMS mrnt^m HUT ■■■ TUESDAY, THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17441 OF 2025 Between: 1. Burla Venkata Rao, S/o.Venkateswralu, Aged 62 years, R/o. 5-22A, Pittuvaripalem, Thotavaripalem Post, Chirala Mandal, Bapatia District. 2. Burla Joshna, W/o. P. Lakshmana Rao, Aged about 35 years, R/o. Pittavaripalem village, Chirala Mandal, Bapatia District. ...Petitioners AND 1. State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi Guntur District, Rep. by its Principal Secretary. 2. The District Collector, Bapatia District. 3. The Revenue Divisional Officer, Bapatia, Bapatia District. 4. The Tahsildar, Bapatia Mandal, Bapatia District. 5. The Divisional Engineer, Irrigation (Drainage) Department, Chirala. 6. The Executive Engineer, Irrigation (Drainage) Department, Chirala. 7. The Assistant Engineer JE, Irrigation (Drainage) Department, Chirala. ...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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to excavate the canal in the private patta land belonging to the petitioners i.e., land of an extent Ac. 10.36 cents in Sy.No's.498/2C1, 498/2C, 498/ICI, 498/10 belonging to the 1"' petitioner and Ac. 1.50 cents in Sy.No.499/1A belonging to the 2 petitioner situated at Adivi Village, Bapatia Mandal, Bapatia District for widening the existing canal i.e., Epurupalem Straight Cut Drainage without following the any procedure as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and consequently direct the respondents not to excavate the canal in the private patta lands of the petitioners i.e., land of an extent Ac. 10.36 cents in Sy.No's.498/2C1,498/2C, 498/ICI 498/1C and Ac.1.50 cents in Sy.No.499/1A situated at Adivi Village, , Bapatia Mandal, Bapatia District for widening of existing canal i.e., Epurupalem Straight Cut Drainage. nd 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 direct the respondents not to excavate the canal in the private patta lands of the petitioners i.e., land of an extent Ac.10.36 cents in Sy.No’s.498/2C1, 498/2C, 498/ICI, 498/1C and Ac. 1.50 cents in Sy.No.499/1A situated at Adivi Village, Bapatia Mandal, Bapatia District for widening of existing canal i.e., Epurupalem Straight Cut Drainage, during pendency of the Writ petition. Counsel for the Petitioners: SRI C SUBODH Counsel for the Respondents 1 to 4: GP FOR REVENUE Counsel for the Respondents 5 to 7: GP FOR IRRI AND CAD The Court made the following order: IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) APHC010345052025 0M0 [3505] 0»!?!: TUESDAY,THE FIFTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17441/2025 Between: 1.BURLA VENKATA RAO, S/O.VENKATESWRALU, AGED 62 YEARS 5-22A, THOTAVARIPALEM POST, CHIRALA MANDAL, BAPATIA DISTRICT. R/0. PITTUVARIPALEM, 2.BURLA JOSHNA, W/0. P. LAKSHMANA RAO, AGED ABOUT 35 YEARS, R/0. PITTAVARIPALEM VILLAGE, CHIRALA MANDAL, BAPATIA DISTRICT. ...PETmONER{S) AND 1.STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2.THE DISTRICT COLLECTOR, BAPATLA DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, BAPATLA, BAPATLA DISTRICT. 4.THE TAHSILDAR, BAPATLA MANDAL, BAPATLA DISTRICT. 5.THE DIVISIONAL ENGINEER, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. 6.THE EXECUTIVE ENGINEER, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. 7.THE ASSISTANT ENGINEER JE, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. ...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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to excavate the canal in the private patta land belonging to the petitioners i.e., land of an extent Ac. 10.36 cents in Sy.No's.498/2C1, 498/2C, 498/ICi, 498/1C belonging to the 1st petitioner and Ac. 1.50 cents in Sy.No.499/1A belonging to 2 the 2nd petitioner situated at Adivi Village, Bapatia Mandal, Bapatia District for widening the existing canal i.e., Epurupalem Straight Cut Drainage without following the any procedure as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and consequently direct the respondents not to excavate the canal in the private patta lands of the petitioners i.e., land of an extent Ac. 10.36 cents in Sy.No's.498/2C1, 498/2C, 498/ICI 498/1C and Ac.1.50 cents in Sy.No.499/1A situated at Adivi Village, Bapatia Mandal, Bapatia District for widening of existing canal i.e., Epurupalem Straight Cut Drainage. 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 direct the respondents not to excavate the canal in the private patta lands of the petitioners i.e., land of an extent Ac.10.36 cents in Sy.No’s.498/2C1, 498/2C, 498/ICI, 498/1C and Ac.1.50 cents in Sy.No.499/1A situated at Adivi Village, Bapatia Mandal, Bapatia District for widening of existing canal i.e., Epurupalem Straight Cut Drainage, during pendency of the Writ petition. Counsel for the Petitioner(S): 1.CSUBODH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD The Court made the following: 3 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR IT WRIT PETITION NO: 17441 OF 2025 ORDER: The present writ petition is filed questioning the action of the respondents in proposing to widen the existing Epurupalem Straight Cut Drainage canal by excavating the land to an extent of Ac. 10.36 cents in Survey Nos.498/2C1, 498/2C, 498/ICI, 498/1C and Ac. 1.50 cents in Survey No.499/1A of Adivi Village, Bapatia Mandal, Bapatia District, belonging to the petitioners, without following the procedure contemplated under law and without issuing any notice to them. 2. When the matter is taken up for hearing, the learned Government Pleader for Irrigation placed instructions, dated 14.07.2025 furnished by the 6^'^ respondent. On perusal of the said instructions, it is stated that there is no proposal for widening of Epurupalem Straight Cut Drainage Canal. It is further stated that the writ petition is filed on apprehension and the averments made in the affidavit filed in support of the writ petition are without any basis. The instructions further read that if at all there is any such proposal in future, they undertake to follow the due process of law. The instructions dated 14.07.2025 furnished by the 6^'^ respondent is placed on record. In view of the same, as there is no proposal for widening of 3. Epurupalem Straight Cut Drainage Canal for the present, the present writ petition cannot be entertained inasmuch as the same is filed on 4 apprehension. However, it is needless to mention, if the respondents take any action, the petitioners are at liberty to take steps in accordance with law. 4. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. SOI- H NAGAMMA ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, State of Andhra Pradesh, Revenue Department, Secretariat, Velagapudi, Amaravathi Guntur District. 2. The District Collector, Bapatia District. 3. The Revenue Divisional Officer, Bapatia, Bapatia District. 4. The Tahsildar, Bapatia Mandal, Bapatia District. 5. The Divisional Engineer, Irrigation (Drainage) Department, Chirala. 6. The Executive Engineer, Irrigation (Drainage) Department, Chirala. 7. The Assistant Engineer JE, Irrigation (Drainage) Department, Chirala. 8. One CC to Sri C Subodh, Advocate [OPUO 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] Two CD Copies 10. 11. RAM HIGH COURT DATED:15/07/2025 ? 5 JUL m &«ion £>*=•« .«'n ORDER WP NO. 17441 OF 2025 69 DISPOSING OF THE WP WITHOUT COSTS