APHC010385452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19864 OF 2025 Between: Sunkuru Kishore S/o. Tirupathaiah, aged about 35 years Jonalagadda Village, Guntur Rural, Guntur Dist. R/o. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Amaravathi, Guntur District, Andhra Pradesh. Secretariat Buildings, Velagapudi 2. The State of Andhra Pradesh, Rep. by its Principal Secretary Irrigation Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District, Andhra Pradesh. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Department, Amaravathi, Guntur District, Andhra Pradesh. 4. The District Collector, Guntur, Guntur District 5. The Revenue Divisional Officer, Guntur Revenue Division, Guntur. 6. The Tahsildar, Guntur Rural Mandal, Guntur. 7. The District Panchayat Officer, Guntur District. 8. The Mandal Parishad Development Officer, Guntur Rural Mandal, Guntur. Secretariat Buildings, Velagapudi Jonnalagada Gram Panchayat, ■; 9. The Panchayat Secretary Jonnalagada Village, Guntur Rural Mandal, Guntur District. • -.k \ t The Executive Engineer, Irrigation Department, Guntur 10. ...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 order or direction more particularly one in the nature of writ of Mandamus, declaring the inaction of the Respondents in not taking action against the ecroachments in the village viz Water Tank situated in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents of jonnalagadda Village, Guntur Rural Mandal, Guntur District in pursuance of the Representation dt. 15.05.2025 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to consider and take appropriate action against the encroachments in the village tanks viz Water Tank situated in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents of jonnalagadda Village, Guntur Rural Mandal, Guntur District by following due procedure established by law. 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 to act upon the Representation dt. 15.05.2025 and take action immediatly in removing the encroachments on the water bodies located in our village viz Water Tank in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents pendency of the present Wirt Petition. rf Counsel for the Petitioner: SRI ANAND KUMAR KOCHIRI Counsel for the Respondent Nos.3,7,8,9: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.1,4,5,6:GP FOR REVENUE Counsel for the Respondent Nos.2 & 10:GP FOR IRRI AND CAD The Court made the following order: APHC010385452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19864/2025 Between; 1.SUNKURU KISHORE,, S/0. TIRUPATHAIAH, AGED ABOUT 35 YEARS. R/0. JONALAGADDA VILLAGE, GUNTUR RURAL, GUNTUR DIST. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, DISTRICT, ANDHRA PRADESH. GUNTUR 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI, DISTRICT, ANDHRA PRADESH. GUNTUR 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI AMARAVATHI. DISTRICT, ANDHRA PRADESH. GUNTUR 4. THE DISTRICT COLLECTOR, GUNTUR, GUNTUR DISTRICT 5. THE REVENUE DIVISIONAL OFFICER. GUNTUR REVENUE DIVISION, GUNTUR. VS,J W.P.No.19864 of2025 6. THE TAHSILDAR, GUNTUR RURAL MANUAL, GUNTUR. 7. THE DISTRICT PANCHAYAT OFFICER, GUNTUR DISTRICT. 8. THE MANUAL PARISHAD DEVELOPMENT OFFICER, GUNTUR RURAL MANDAL, GUNTUR. 9. THE PANCHAYAT SECRETARY, PANCHAYAT, JONNALAGADA VILLAGE, MANDAL, GUNTUR DISTRICT. 10.THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT GUNTUR % JONNALAGADA GRAM GUNTUR RURAL ...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 toleased to issue a writ order or direction more particularly one in the nature of writ of Mandamus, declaring the inaction of the Respondents in not taking action against the ecroachments in the village viz Water Tank situated in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents of jonnalagadda Village, Guntur Rural Mandal, Guntur District in pursuance of the Representation dt. 15.05.2025 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to consider and take appropriate action against the encroachments in the village tanks viz Water Tank situated in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents of jonnalagadda Village, Guntur Rural Mandal, Guntur District by following due procedure established by law and pass 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 be pleased pleased to direct the Respondents to may act upon the Representation dt. 15.05.2025 and take action immedialty in removing the encroachments on the water bodies located in our village viz Water Tank in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents pendency of the present Wirt Petition and pass 3 VS,J W.P. No. 19864 of 2025 Counsel for the Petitioner: 1.ANAND KUMAR KOCHIRl Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD The Court made the following; 4 VS,J W.P.No.19864 of2025 % ORDER: 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, declaring the inaction of the Respondents in not taking action against the ecroachments in the village viz Water Tank situated in Sy.No.244/A to an extent of Ac.3.80 Cents and an Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents of jonnalagadda Village, Guntur Rural Mandal Guntur District in pursuance of the Representation dt.15.05.2025 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to consider and take appropriate action against the encroachments in the village tanks viz Water Tank situated in Sy.No.244/A to an extent of Ac.3.80 Cents and Irrigation Tank in Sy.No.249/2 in a total extent of Ac.47.19 cents of jonnalagadda Village, Guntur Rural Mandal Guntur District by following due procedure established by law and pass such other order or orders....” The petitioner is a resident of Jonnalagadda Village, Guntur Rural Mandal, Guntur District. A drinking water tank exists in the petitioner’s an 2. village in Sy.No.244/A of an extent of Ac.3.80 cents and an irrigation tank in Sy.No.249/2 of a total extent of Ac.47.19 cents, which is used for irrigation purposes of 700 acres of agricultural land existing in the development works have been petitioner’s village. As no proper care or taken up by the Government since years together, silt has accumulated in the irrigation Tank and the water handling capacity of the tank has been reduced and it has become a low level irrigation tank. 5 VS.J W.P.No.19864 of 2025 It is further submitted that, taking advantage of the same, some private people of the petitioner’s village have illegally grabbed a part of the water tank and have started cultivating on the said encroached land 3. and further damaged the tank bunds by reducing the extent of the water tank. As such, the petitioner has submitted a representation on 15.05.2025 to the 4*'^ respondent requesting him to take necessary action in protecting the Irrigation Water Tank by removing the encroachments in pursuance of the Hon’ble Apex Court directions. Upon receipt of the said representation, the 10**^ respondent has addressed a letter dated 20.05.2025 to the 5‘^ respondent requesting him to take necessary steps in this regard by issuing directions to the 6"^ respondent. Thereafter, the 7*^ respondent i.e., the District Panchayat Officer, addressed a letter dated 25.06.2025 directing the 8^'^ respondent i.e., the Deputy Mandal Parishad Development Officer, to take necessary action on the encroachments on the Water Tank and submit a detailed report within a period of seven days. But the grievance of the petitioner is that thereafter no action has been initiated by the respondents. Today, when the matter came up for hearing, the learned 4. Government Pleader for Revenue, has furnished a copy of the th respondent vide Rc.No.1578/2025-H, dated instructions of the 5 12.08.2025, wherein it is stated that, in pursuance of the representation made by the petitioner, the Executive Engineer had addressed a letter to 6 VS,J W.P.No.19864 of2025 the Revenue Divisional Officer, Guntur, requesting to take necessary action on the illegal encroachments of the water bodies in Sy.No.244/A and Sy.No.249/2 of Jonnalagadda village and had further requested to conduct a survey by the Mandal Surveyor and fix the boundaries of the aforesaid survey numbers and further directed the Tahsildar, Guntur East Mandal, to take necessary action on the illegal encroachments. In pursuance of the same, a letter dated 28.06.2025 was addressed to the Tahsildar, to conduct survey. In response to the same, the Tahsildar submitted a report on 12.08.2025 stating that, as per the resurvey and resettlement register of Jonnalagadda Village, land in Sy.No.244/A of Jonnalagadda Village of Guntur, admeasuring an extent of Ac.37.81 cents, is classified as ‘Government Poramboke’ and in the remarks column No.15 it was noted as “Tank”, and land in Sy.No.249-2 admeasuring an extent of Ac.42.19 cents is classified as ‘Government Poramboke’ and in the remarks column No.15 it was noted as “Jaribu Cheruvu (Tank)”. It is also stated in the said report that the subject lands have been 5. kept in prohibitory properties list vide SI.No.112 & 113 respectively under Section 22-A(1)(B) of the Registration Act, 1908, i.e.. Government lands list of Jonnalagadda village, vide proceedings in Rc.No.66/2019-E2, dated 16.09.2019 of the Collector & District Magistrate, Guntur. It is further stated in the instructions that the Tahsildar, Guntur East Mandal, 7 VS,J W.P.No. 19864 of 2025 per the directions of the Revenue Divisional Officer, Guntur, has conducted a survey and fixed boundaries in Sy.No.244/A and Sy.No.249/2. Resurvey operations were also concluded in Jonnalagadda Village by fixing boundaries and coordinates were recorded for the aforesaid survey numbers and new LPMs 1911 and 1899 were created as respectively in Resurvey programme. It is further stated that, as the survey has already been completed. 6. the details of the encroachments over the subject land will be communicated to the Executive Engineer, Irrigation Division, Guntur, and the District Panchayat Officer, Guntur, for taking appropriate action in accordance with law. As per the said instructions of the 5''" respondent/Revenue 7. Divisional Officer, Guntur, it can be observed that in pursuance of the representation made by the petitioner dated 15.05.2025, the respondents have already initiated action by duly conducting a survey, fixing boundaries by identifying the encroachments made on the tank as complained by the petitioner in Sy.No.244/A and 249/2. However, action is yet to be initiated by the respondents for removing the encroachments from the said land by following the due process of law. In view of the same, instead of keeping the writ petition pending 8. this Court feels it appropriate to dispose of the Writ Petition directing the 8 VS,J W. P. No. 19864 of 2025 4*^ to 7'^ respondents to initiate appropriate action in pursuance of the report submitted by the Tahsildar on 12.08.2025 by removing the encroachments by duly following due process of law. The said r process shall be completed within a period of six (06) months, from the date of receipt of the copy of this order. 9. Accordingly, the Writ Petition is disposed of. There shall be order as to costs. no As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. SD/-G. HELA NAIDU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District, Andhra Pradesh. 2. The Principal Secretary, Irrigation Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District, Andhra Pradesh. 3. The Principal Secretary, Panchayat Department, Secretariat Buildings, Velagapudi Amaravathi, Guntur District, Andhra Pradesh. 4. The District Collector, Guntur, Guntur District 5. The Revenue Divisional Officer, Guntur Revenue Division, Guntur. 6. The Tahsildar, Guntur Rural Mandal, Guntur. 7. The District Panchayat Officer, Guntur District. 8. The Mandal Parishad Development Officer, Guntur Rural Mandal, Guntur. 9. The Panchayat Secretary, Jonnalagada Gram Panchayat, Jonnalagada Village, Guntur Rural Mandal, Guntur District. 10.The Executive Engineer, Irrigation Department, Guntur 11 .One CC to Sri. Anand Kumar Kochiri, Advocate [OPUC] 12.Two CCs to GP For Panchayat Raj Rural Dev, High Court of Andhra Pradesh [OUT] 13.Two CCs to GP For Revenue, High Court of Andhra Pradesh [OUT] 14.Two CCs to GP For Irri And Cad, High Court of Andhra Pradesh [OUT] 15.Two CD Copies. AL ^ . \ HIGH COURT TL DATED:13/08/2025 ORDER WP NO. 19864 OF 2025 a 0 9 SEP 2025 IS yij} Sectinu^^y DISPOSING OF THE W.P. WITHOUT COSTS