::1:: APHC010382242019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE TWELFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18379/2019 Between: 1. REPALLE NAGA DURGA VARA PRASAD,, S/O REPALLE YOGANANDH, HINDU, AGED 27 YEARS, BOOK SHOP BUSINESS, R/O.D.NO. 5-284, 5TH WARD, NEAR PORT CENTER, AVANIGADDA, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, COLLECTORATE CAMPUS, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, COLLECTORATE CAMPUS, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE REVENUE DIVISIONAL OFFICER, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE TAHSILDAR, AVANIGADDA MANDAL, KRISHNA DISTRICT. 6. THE AVANIGADDA PANCHAYAT, REP. BY ITS SECRETARY, AVANIGADDA MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus by declaring the action, things, 2 deeds of Respondents in interfering with the construction of temporary shed (shop) in the name of 'Sri Murali Krishna Book Depot' on the Irrigation Poromboke in the place of Old Shop situated Opposite Bus Stand, Nagayalanka Road, Avanigadda, Krishna District, which is illegal, irregular, arbitrary and against to the Principles of Natural Justice and in violation of Articles 14, 19, 21 and 300-A of Constitution of India, consequently direct the Respondents not to interfere with the construction of temporary shed (shop) in the name of 'Sri Murali Krishna Book Depot' situated on the Irrigation Poromboke in the place of Old Shop, Opposite Bus Stand, Nagayalanka Road, Avanigadda, Krishna District and pass... 2. Heard the learned counsel for the petitioner and the learned counsel for the respondent No.6. 3. The case of the petitioner is that the respondent authorities are interfering with the construction of a temporary shed (shop), which the petitioner is running under the name and style of 'Sri Murali Krishna Book Depot,' on the Irrigation Poromboke land in the place of the old shop situated opposite the Bus Stand, Nagayalanka Road, Avanigadda, Krishna District, without following the due process of law as contemplated under the Act. 3 4. The learned counsel for the petitioner submits that the petitioner is running a book shop business in the name and style of Sri Murali Krishna Book Depot, situated on the irrigation poromboke, Nagayalanka Road, Avanigadda, Krishna District. Due to heavy rains, the petitioner’s shop was damaged, and therefore, the petitioner intends to construct a new shop in the place of the old shop. Accordingly, the petitioner commenced the construction of the new shop in the subject land. While so, the respondent Nos.5 and 6 are trying to obstruct the petitioner from constructing the shop in the subject property of the petitioner. The petitioner made a representation to the respondent authorities on 14.10.2019. Even after receipt of the said representation, the respondent authorities have neither considered it nor issued any proceedings. Hence, the present writ petition. 5. On the other hand, the learned Government Pleader furnished the written instructions dated 18.11.2019 issued by the 5th respondent, wherein it is stated that as follows:- “In this connection I submit that the encroached land stand classified as canal bund poramboke occupied by the applicants Grandfather sri Repalle Krishna Murthy s/o Buchhi Venkaiah 4 constructed a shed for petti business. Later the site was came to the petitioner after demise of his grandfather sri Repalle Krishna Murthy and now the applicant has demolished the old structure and proposed for reconstruction of pucca structure without any permission from any department viz Gram Panchayat, Irrigation or revenue department. As directed by the Hon’ble court of A.P. in W.P.No.27113 of 2009. I enclosed herewith the Hon’ble Court orders with a direction that to approach the third respondent for regularization of encroachment, but the petitioners are not filed any application for regularization so far. As per the government order it is most required for road purpose to run the RTC buses in this road for regulate the traffic in main erstwhile Taluk village of Avanigadda there is APSTC depot is available and run the busses from here to nearby another mandals like Nagayalanka, Koduru Mandal and Vijayawada, Machilipatnam, Gudivada. Hence the said encroached site is most required to the government for regulate the traffic. Hence I request the Hon’ble High court may dismiss the petition in the admission stage”. 5 6. Considering the submissions made by both the learned counsel and on perusal of the material available on record, this Court is of the considered view that the subject land, on which the petitioner is carrying out construction, is earmarked/classified as canal poramboke land/canal bund. It is a settled principle of law that canal bund or river poramboke land cannot be converted for any other purpose, particularly for construction purpose in view of the principle laid down by the Hon’ble Apex Court in Intellectuals Forum, Tirupathi vs State Of A.P. & Ors on 23 February, 2006.. Therefore, if the respondents intend to interfere with the subject property or with the construction undertaken by the petitioner, the respondents shall follow due procedure as contemplated under law. Accordingly, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 12.08.2025 klk 6 200 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.18379 of 2019 12.08.2025 klk