APHC010368472025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE FOURTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 18753/2025 Between: 1. JEETAM VENKATESWARLU, S/O. KOTAIAH, D.NO. 4-91, VELDURTHIPADU, KRISHNA DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY REVENUE DEPARCMENT, A P SECRETARIAT, VELAGAPUDI, AMARAVATI, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, NTR DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, NANDIGAMA, NTR DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, PENUGANCHIPROLU, NTR DISTRICT, ANDHRA PRADESH. 5. THE ASSISTANT ENGINEER, MUNERU SUB DIVISION, JAGGAIAHPET, NTR DISTRICT, ANDHRA PRADESH. 6. THE DEPUTY EXECUTIVE EINGINEER, MUNERU SUB DIVISION, JAGGAIAHPET, NTR DISTRICT, ANDHRA PRADESH. 7. MUTCH PULLARAO, /O. LATE CHINARAMAIAH, R/O. VELDURTHIPADU VILLAGE, GUMMADIDURRU POST, 2 VS,J W.P.No.18753 of 2025 PENUGANCHIPROLU MANDAL, NTR DISTRICT, ANDHRA PRADESH. ...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, directing the respondents 2 to 6 to conduct a detailed survey of the canal passing through Survey Nos. 270, 282, and 283 in Veldurthipadu Village using the Field Measurement Book (FMB) and restore the canals natural flow and Grant such other relief as this Hon’ble court may deem fit and proper in the circumstances of the case. 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 to stay for all further proceedings in Survey Numbers 270, 282, and 283 in Veldurthipadu Village pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. VENKATESH KOSARAJU Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.No.18753 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ of Mandamus, directing the respondents 2 to 6 to conduct a detailed survey of the canal passing through Survey Nos.270, 282 and 283 in Veldurthipadu Village using the Field Measurement Book (FMB) and restore the canal’s natural flow and grant such other relief as this Hon’ble court may deem fit and proper in the circumstances of the case….” 2. The petitioner is the absolute owner and possessor of agricultural land in Sy.No.282/3, admeasuring an extent of Ac.0.40 cents, situated at Veldurthipadu Village, Gummandidurru Revenue Village, Penuganchiprolu Mandal, NTR District. 3. The grievance of the petitioner is that a canal passes through the Sy.Nos.270, 282, 283 in Veldurthipadu Village, which is infront of the petitioner’s property. Certain individuals have encroached upon the said canal, thereby obstructing its natural flow and reducing its width. Consequently, the petitioner approached the authorities on several occasions by making representations dated 15.05.2025, 28.05.2025, 02.06.2025, and finally on 04.06.2025. However, despite the complaints/representations submitted by the petitioner, the respondent authorities have failed to either conduct a detailed survey of the said canal identifying the encroachments or initiate any action to remove the 4 VS,J W.P.No.18753 of 2025 said encroachment. Challenging this inaction, the present writ petition is filed. 4. Heard learned counsel for the petitioner, learned Government Pleader for Revenue for respondents No.1 to 4 and learned Government Pleader for Irrigation for respondents No.5 and 6. 5. Learned Government Pleader for Revenue has furnished a copy of the instructions of respondent No.4/Tahsildar, Penugrantchiprolu Mandal, N.T.R. District, dated 02.08.2025, wherein it is stated that in pursuance of the complaint made by the petitioner, a notice dated 28.05.2025 was issued to all the concerned, including the Irrigation authorities i.e., Assistant Executive Engineer, Pulichintal, duly informing them to attend the field on 30.05.2025 to conduct an enquiry. Subsequently, the Mandal Surveyor, Penugranchiprolu, who surveyed the lands in R.S.Nos.270, 282 & 283 of Gummadidurru Village, demarcated the boundaries of the NSP canal as per FMB and submitted his report on 02.06.2025, detailing the encroachers. According to the report, ten encroachers were identified, occupying an extent of 1.09 acres. In continuation of the report submitted by the Mandal Surveyor, Penugranchiprolu, the details of the encroachment in NSP canal were communicated to the Assistant Executive Engineer vide office letters dated 03.06.2025 and 28.07.2025, requesting necessary arrangements to evict the encroachments. It is also stated in the said instructions that, notices under Section 7 of the Andhra 5 VS,J W.P.No.18753 of 2025 Pradesh Land Encroachment Act, 1905, were served to all the encroachers, calling for explanations within seven (7) days from the date of the notices. The notices were also served by publishing them in the field, attaching the same to sticks, as some of the encroachers have refused to take the notices, besides publishing the same in Gram Panchayat and all other conspicuous places. It is further stated that necessary action for eviction will be taken by following the due procedure laid down in the Andhra Pradesh Land Encroachment Act, 1905. 6. As per the instructions furnished by respondent No.4, it is clear that they have already conducted a survey with the assistance of the Assistant Executive Engineer and have identified that an extent of Ac.1.09 cents has been encroached upon by ten encroachers. Subsequently, notices were duly served to all the encroachers under Section 7 of the A.P. Encroachment Act, 1905 and the authorities are proceeding with the eviction process as per the provisions of the Act. 7. In view of the said facts, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the respondent authorities to initiate and complete the necessary action for eviction of the said encroachments in the subject survey numbers by duly following the procedure laid down in Andhra Pradesh Land Encroachment Act, 1905 and restore the canal’s natural 6 VS,J W.P.No.18753 of 2025 flow as expeditiously as possible, preferably within a period of six (6) months from the date of receipt of a copy of this order. 8. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 04.08.2025 KGR