APHC010403502024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3506] WEDNESDAY, THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE CHALLA GUNARANJAN WRIT PETITION NO: 21004/2024 Between: Aelchuri Chengal Rayulu ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. MOHANNAIR RAJEEV KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N ASHWANI KUMAR 3. MUNI REDDY PERURU (SC FOR TUDA) The Court made the following: ORDER: The present writ petition is filed to declare the action of the respondents, particularly 4th respondent, in not removing the encroachment over water channel (“Vaagu”) in an extent of Ac.0.35 cents situated in Survey No.10/2 of Nagapatla Revenue Village, Chandragiri Mandal, Chittoor District, in pursuance to his 2 CGR, J. W.P. No.21004 of 2024 representations, dated 17.07.2023 and 27.08.2024, as illegal, arbitrary and in violation of law laid down by the Hon’ble Supreme Court. 2. Petitioner is a resident of Pullaiahgaripalli village, Rangampeta Post, Chandragiri Mandal, and he is an agriculturist cultivating land at Ramireddipalle village, Chandragiri Mandal. He states that his agricultural land is being cultivated through the water flows from the channel passing through the subject land. As per the village accounts and re-survey and re-settlement register of Nagapatla village, Chandragiri Mandal, Chittoor District, the land in Survey No.10/2 has been recorded as “Vaagu”. As the 5th respondent, with the support of the landgrabbers, has encroached upon the subject water channel and is proceeding with certain constructions over the subject land, he submitted a representation, dated 17.07.2023 to the 2nd respondent requesting to take action for removing the encroachments. However, no action has been taken, thereby, the petitioner had to once again submit yet another representation, dated 27.08.2024. As neither the 2nd respondent nor any of the authorities have responded to either of those two representations, the petitioner is constrained to file the present writ petition. 3 CGR, J. W.P. No.21004 of 2024 3. This Court issued notice before admission and in response, the 2nd respondent and also the unofficial respondent No.5 filed counter-affidavits. 4. In the counter-affidavit of the 2nd respondent, it is stated that the land admeasuring Ac.0.35 cents in Survey No.10/2 has been classified as Government poramboke with remarks as “Vaagu” and further, that in pursuance to the representation made by the 5th respondent on 13.04.2023 requesting to utilize the said land for the purpose of establishing sewage water treatment plant to ensure proper hygiene in the surrounding areas as there was no proper sewage water treatment facility within the vicinity, the 2nd respondent District Collector had caused upon an enquiry through the respondents 3 and 4, who, in turn, have submitted a report inter alia stating that as per the records the subject land has been classified as Vaagu, however, at the instance of residents of surrounding villages such as Rangampeta, Bandarlapalle, Pullaiahgaripalle, Kuchivaripalle and other habitations, the proposal for establishment of sewage water treatment plant was made and that the 5th respondent with its own funds has come forward to construct the same without disturbing the natural state of the canal/channel or the flow of rainwater during the rainy season. Considering the said 4 CGR, J. W.P. No.21004 of 2024 representation, the 2nd respondent has issued proceedings, dated 12.06.2023, permitting the 5th respondent to construct sewage water treatment plant on the conditions that the same shall not disturb the natural state of the land, specifically the canal/channel and flow of rain water, and the proposed plant should be created underground as per the guidelines issued by the Hon’ble National Green Tribunal and further, that the 5th respondent shall hand over the same to the Panchayat Raj Department for maintenance. 5. The 5th respondent also filed counter-affidavit in similar lines. Besides an objection has been taken on the maintainability of the writ petition on the ground that the petitioner has no locus as he is a third party individual unconnected with the subject property. It is further stated that the writ petition has been instituted with false and frivolous allegations with ulterior motive. 6. Heard Sri M.Rajeev Kumar, learned counsel for the petitioner; learned Assistant Government Pleader for Revenue appearing for respondents 1 to 4; Sri Kolla Trinath, learned counsel, representing Sri N.Ashwani Kumar, learned counsel for the 5th respondent; and Sri P. Muni Reddy, learned standing counsel for the 6th respondent Authority. 5 CGR, J. W.P. No.21004 of 2024 7. Perused the record. 8. In the writ affidavit, the petitioner has stated that he is a resident of Pullaiahgaripalli village, Chandragiri Mandal and that he has lands in Ramireddipalle village, Chandragiri Mandal, which are irrigated by the water flowing from the channel, part of which is the subject matter in the writ petition. He has not furnished the details of land cultivated by him or owned by him, except referring to village where his land is situated. Even assuming that the petitioner owns some lands in Ramireddypalle village, he has not stated as to how this channel, in particular, the extent of Ac.0.35 cents in Survey No.10/2 is obstructing his agricultural activities. Even in the representation submitted to the 2nd respondent and other authorities, he does not refer to such details, rather the allegation or complaint in the said representation was with respect to certain encroachments made in Survey Nos.10/1, 10/2 and also 7/2, 8/3, 9/3, 15/2, 17/2 and 21/1 of the said village. It appears that the allegations in the complaint are relating to encroachments in general alleged to have been made by various persons not only in Survey No.10/2, but also in other survey numbers. Therefore, the same has the characteristic of public interest, but not any private interest. Besides, the counter-affidavit of the 2nd respondent refers to the proceedings, dated 12.06.2023, by 6 CGR, J. W.P. No.21004 of 2024 which subject land has been permitted to be utilized for construction of a sewage water treatment plant, in terms of the guidelines issued by the National Green Tribunal and the 5th respondent upon constructing the same to handover to the Panchayat Raj Department for maintenance. This proceeding is not under challenge in the present writ petition. 9. In view of the above, this Court finds that the grievance of the petitioner is more in the nature of public interest, but not individual grievance. As cause espoused does not concern violation of his individual rights, without going into the merits of the matter, the writ petition is dismissed on the ground of maintainability. However, the petitioner is at liberty to take appropriate legal steps if he is so advised to espouse the public cause. No order as to costs. As a sequel, miscellaneous petitions pending consideration, if any, in this case shall stand closed. _____________________________ JUSTICE CHALLA GUNARANJAN Date:29.01.2025. cs