1 VS,J WP_15329_2016 APHC010390092016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 15329/2016 Between: 1. DANIREDDI MADHUSUDHAN REDDY,, S/O.LAXMI REDDY, AGE 54 YEARS, OCC: AGRICULTURE, R/O.2/155, BUDDAYAPALLI, PRODDUTUR TOWN, KADAPA DISTRICT. 2. POCHANA PULLA REDDY,, S/O.KONDA. REDDY, AGE 52 YEARS, OCC: AGRICULTURE, R/O.MIG 189, APHB COLONY, PRODDUTUR TOWN, KADAPA DISTRICT. 3. MACHIREDDI PALAKONDA REDDY,, S/O.SURA REDDY, AGE 58 YEARS, AGE 54 YEARS, OCC: AGRICULTURE, R/O.1-72, CHOWTAPALLI, PRODDUTUR MANDAL KADAPA DISTRICT. 4. BHUPALAM SUBBAIAH,, S/O.KONDAIAH, AGE 60 YEARS, OCC: BUSINESS, R/O.7/3788, SRINIVASA NAGAR, PRODDUTUR TOWN, KADAPA DISTRICT 5. PATHAKOTA VENKATA SUBBA REDDY,, S/O.CHINNA TIMMA REDDY, AGE 59 YEARS, OCC: AGRICULTURE, R/O.2/155, BALLAVARAM, PRODDUTUR TOWN, KADAPA DISTRICT. 6. PATHAKOTA CHINNA VENKAT REDDY,, S/O.CHINNA TIMMA REDDY, AGE 57 YEARS, OCC: AGRICULTURE, R/O.1/219, BALLAVARAM, PRODDUTUR TOWN, KADAPA DISTRICT. 2 VS,J WP_15329_2016 7. ENKALA PEDDA VENKATA SUBBA REDDY,, S/O.DASTAGIRI REDDY, AGE 69 YEARS OCC: AGRICULTURE, R/O. CHOWTAPALLY, PRODDUTUR TOWN, KADAPA DISTRICT. 8. ENKALA CHINNA VENKATA SUBBA REDDY,, S/O.DASTAGIRI REDDY, AGE 67 YEARS OCC: AGRICULTURE, R/O. CHOWTAPALLY, PRODDUTUR TOWN, KADAPA DISTRICT. 9. SMT. BHUMIREDDI VEDAVATHI,, W/O. OBUL REDDY, OCC: HOUSEWIFE, R/O.25/857-1, VASANTHAPETA, PRODDUTUR TOWN, KADAPA DISTRICT. 10. MITTA SUBBA RAYUDU,, S/O.PEDDA SUBBAIAH, AGE 62 YEARS, OCC: AGRICULTURE, R/O.10/27, BADWEL RAOD, MYDKUR, KADAPA DISTRICT. 11. GOPIREDDI PRATHAP REDDY,, S/O.NARSIMHA REDDY, AGE 54 YEARS, OCC: AGRICULTURE, R/O.3/854, YMR COLONY, PRODDUTUR TOWN, KADAPA DISTRICT. 12. SUDA CHINNA NARSIMHA REDDY,, S/O.NAGI REDDY, AGE 73 YEARS, OCC: AGRICULTURE, R/O.3/ 132, PRAKASHNAGAR, PRODDUTUR TOWN, KADAPA DISTRICT ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT (IW, MIR) DEPARTMENT, ANDHRA SECRETARIAT, HYDERABAD. 2. THE CHIEF ENGINEER, MINOR IRRIGATION (AR) HYDERABAD. 3. THE SUPERINTENDENT ENGINEER, MINOR IRRIGATION DEPARTMENT, IRRIGATION CIRCLE, KADAPA, YSR KADAPA DISTRICT. 4. THE DISTRICT COLLECTOR, YSR KADAPA DISTRICT, KADAPA ...RESPONDENT(S): 3 VS,J WP_15329_2016 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 to issue any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in erecting plugs and flags in petitioners land in Sy.Nos.158 extent Ac.0-99 cents, Sy.Nos.335 extent Ac.0-50 cents, Sy.Nos.363 extent Ac.0-67 cents, Sy.Nos.336 extent Ac.0.81 cents, Sy.Nos.337 extent Ac.0-07 1/2 cents, Sy.Nos.630 extent Ac.1-28 cents, Sy.Nos.330 extent Ac.0-94 cents, Sy.Nos.331 extent Ac.0-12 cents, Sy.Nos.332 extent Ac.1-01 cents, Sy.Nos.333 extent Ac.1-72 cents, Sy.Nos.337 extent Ac.0-94 1/2, cents, Sy.Nos.361 extent Ac.0-77 cents situated at Peddasettipally and Bollavaram Villeges of Proddutur Mandal & Town, YSR Kadapa District, without issuing any proceedings under Land Acquisition Act as illegal, arbitrary, highhanded, without jurisdiction, without following due process of law and consequently direct the respondents not to evict the petitioners from the above lands IA NO: 1 OF 2016(WPMP 18995 OF 2016 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 dispossess the petitioners form the land in Sy.Nos.158 extent Ac.0-99 cents, Sy.Nos.335 extent Ac.0-50 cents, Sy.Nos.363 extent Ac.0-67 cents, Sy.Nos.336 extent Ac.0.81 cents, Sy.Nos.337 extent Ac.0-07 1/2 cents, Sy.Nos.630 extent Ac.1-28 cents, Sy.Nos.330 extent Ac.0-94 cents, Sy.Nos.331 extent Ac.0-12 cents, Sy.Nos.332 extent Ac.1-01 cents, Sy.Nos.333 extent Ac.1-72 cents, Sy.Nos.337 extent Ac.0-94 1/2, cents, Sy.Nos.361 extent Ac.0-77 cents situated at Peddasettipally and Bollavaram Villeges of Proddutur Mandal & Town, YSR Kadapa District, pending disposal of the above writ petition Counsel for the Petitioner(S): 1. K V L NARASIMHA RAO Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 4 VS,J WP_15329_2016 2. GP FOR IRRI AND CAD (AP) The Court made the following: 5 VS,J WP_15329_2016 ORDER:- The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue any appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in erecting plugs and flags in petitioners land in Sy.Nos.158 extent Ac.0-99 cents, Sy.Nos.335 extent Ac.0-50 cents, Sy.Nos.363 extent Ac.0-67 cents, Sy.Nos.336 extent Ac.0.81 cents, Sy.Nos.337 extent Ac.0-07 1/2 cents, Sy.Nos.630 extent Ac.1-28 cents, Sy.Nos.330 extent Ac.0-94 cents, Sy.Nos.331 extent Ac.0-12 cents, Sy.Nos.332 extent Ac.1-01 cents, Sy.Nos.333 extent Ac.1-72 cents, Sy.Nos.337 extent Ac.0-94 1/2, cents, Sy.Nos.361 extent Ac.0-77 cents situated at Peddasettipally and Bollavaram Villeges of Proddutur Mandal & Town, YSR Kadapa District, without issuing any proceedings under Land Acquisition Act as illegal, arbitrary, highhanded, without jurisdiction, without following due process of law and consequently direct the respondents not to evict the petitioners from the above lands….” 2. Aggrieved by the action of the respondents in interfering with the petitioners’ possession over their land in Sy.No.158 to an extent of Acs.0.99 cents, Sy.No.335 to an extent of Acs.0.50 cents, Sy.No.363 to an extent of Acs.0.67 cents, Sy.No.336 to an extent of Acs.0.81 cents, Sy.No.337 to an extent of Acs.0.07 ½ cents, Sy.No.630 to an extent of Acs.1.28 cents, Sy.No.330 to an extent of Acs.0.94 cents, Sy.No.331 to an extent of Acs.0.12 cents, Sy.No.332 to an extent of Acs.1.01 cents, Sy.No.333 to an extent of Acs.1.72 cents, Sy.No.337 to an extent of Acs.0.94 ½ cents, Sy.No.361 to an extent of Acs.0.77 cents at Peddasettipally and Bollavaram villages of Proddutur mandal and town, YSR Kadapa district, the present petition is filed. 6 VS,J WP_15329_2016 3. When the writ petition came up for hearing on 28.04.2016 this Court has passed the following order: “Though a lot has been said about the project, the ultimate grievance of petitioners is only in relation to their lands. Admittedly, as on date, tenders have not been called and the work has also not yet been entrusted. In that view of the matter, there is not cause of action for petitioners as on today. However, to avoid the fear of the petitioners that digging of canal work will be undertaken in their lands, there shall be a direction to the respondents not to interfere and carry out any work in the lands of the petitioners without initiating proceedings in terms of the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013. It is made clear that in the event of emergency, the respondent- authorities may invoke provisions of the said Act, entitling them to enter in to the lands of petitioners.” 4. Today when the writ petition came up for hearing, learned Assistant Government Pleader for Irrigation has submitted that in pursuance of the orders passed by this Court on 28.04.2016, the petitioners are in continuous possession of the subject land and that as on today, no land acquisition proceedings are being taken up. The said submission was also admitted by learned counsel for the petitioners. 5. In view of the above, instead of keeping the petition pending, this Court feels it appropriate to dispose of the present writ petition by directing the respondent authorities not to interfere with the petitioners’ possession over their property in Sy.No.158 to an extent of Acs.0.99 cents, Sy.No.335 to an extent of Acs.0.50 cents, Sy.No.363 to an extent of Acs.0.67 cents, Sy.No.336 to an extent of Acs.0.81 cents, Sy.No.337 to an extent of Acs.0.07 ½ cents, Sy.No.630 to an extent of Acs.1.28 cents, Sy.No.330 to an extent of Acs.0.94 cents, Sy.No.331 to an extent of Acs.0.12 cents, Sy.No.332 to an extent of Acs.1.01 cents, Sy.No.333 to 7 VS,J WP_15329_2016 an extent of Acs.1.72 cents, Sy.No.337 to an extent of Acs.0.94 ½ cents, Sy.No.361 to an extent of Acs.0.77 cents at Peddasettipally and Bollavaram villages of Proddutur mandal and town, YSR Kadapa district, without following due process of law. 6. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, miscellaneous applications pending, if any, shall stand closed. ___________________ JUSTICE V. SUJATHA Date:18.08.2025. Gss