APHC010413462025 IN THE HIGH COURT OF ANDHRA PRADESH / AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21501 OF 2025 Between: Sri Konda Balu, S/o. Konda Thikka Reddy, Occ; Agriculturist, Residing at H.N o. 4/50A-21B, Maddur Nagar, Kurnool - 518002, Kurnool District. r’ ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, Secretariat Buildings, Velagapudi, Amaravati Guntur District. 2. The District Collector, Collectorate, Kurnool District - 518001. 3. The Superintending Engineer, Kurnool Irrigation Circle, Water Resources Dept. Kurnool, Kurnool District. 4. The Revenue Divisional Officer, Kurnool Revenue Division, Kurnool District. 5. The Tahsildar, Kallur Mandal, Kurnool District. 6. Sri Nagarur Sanjeev Kumar, S/o. Late Nagaruru Subrahmanyam, Residing at 45/139, Narasimha Reddy Nagar, Kurnool City, Kurnool District. ...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 of Mandamus or any other appropriate Writ, Order Direction declaring the inaction of Respondents 3 and 5 in removing the illegal encroachment made by unofficial Respondent No. 7 over Government land in Sy. No. 430/D, Kallur Village and Mandal, Kurnool District, forming part of Tungabhadra Project Water Channel, even after receiving several representations from the petitioner 20.06.2025 as illegal, arbitrary, unjust and violative of the provisions of the A.P. Land Encroachment Act, 1905 and the constitutional mandate under Articles 14 and 21 and consequently to direct the Respondents No. 2 and 5 to conduct a joint site inspection, demarcate the land, evict the encroacher, demolish the illegal structures land to its original condition. 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 revome the illegal encroachments over the government land in Sy. No. 430/D, Kallur Village and Mandal, Kurnool District, forming part of Tungabhadra Project Water Channel by considering representation dated 20.06.2025 pending disposal of the above writ petition Counsel for the Petitioner: SRI PATHI SIVA PRASAD Counsel for the Respondent Nos.1 & 3:GP FOR IRRIGATION AND CAD Counsel for the Respondent Nos.2,4 & 5: GP FOR REVENUE Counsel for the Respondent No.6: The Court made the following order: or and restore the the /7 APHC010413462025 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: 21501/2025 Between: 1.SRI KONDA BALU, S/0. AGRICULTURIST, RESIDING AT H.N O. 4/50A-21B NAGAR, KURNOOL - 518002, KURNOOL DISTRICT. KONDA THIKKA REDDY, OCC MADDUR ...PETITIONER AND 1 THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WATER SECRETARIAT BUILDINGS. RESOURCES DEPARTMENT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. COLLECTORATE, KURNOOL 2.THE DISTRICT COLLECTOR, DISTRICT - 518001. 3 THE SUPERINTENDING ENGINEER, KURNOOL IRRIGATION KURNOOL, KURNOOL CIRCLE, WATER RESOURCES DEPT. DISTRICT. 4THE REVENUE DIVISIONAL OFFICER, KURNOOL REVENUE DIVISION, KURNOOL DISTRICT. 5.THE TAHSILDAR, KALLUR MANDAL. KURNOOL DISTRICT. S/O. LATE NAGARURU RESIDING AT 45/139, NARASIMHA REDDY 6.SRI NAGARUR SANJEEV KUMAR, SUBRAHMANYAM, NAGAR, KURNOOL CITY, KURNOOL DISTRICT. ...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 topleased to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the inaction of Respondents 3 and 5 in removing the illegal encroachment made by unofficial Respondent No. 7 over 2 Goyemment land in Sy. No. 430/D, Kailur Village and Mandal, Kurnool District, forming part of Tungabhadra Project Water Channel, even after receiving several representations from the petitioner 20.06.2025 as illegal arbitrary, unjust and violative of the Encroachment Act, 1905 and the provisions of the A.P. Land constitutional mandate under Articles 14 and 21 and consequently to direct the Respondents No. 2 and 5 to conduct a joint site inspection, demarcate the land, evict the encroacher. demolish the Illegal structures, and restore the land to its original condition and pass lA NO: 1 OF 202fi Petition under Section 151 CPC in thn ■ praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the respondents to revome the illegal encroachments over the government land in Sy. No. 430/D, KallurVillage and Mandal, Kurnool District, forming part of Tungabhadra Project Water Channel by considering the representation dated 20.06.2025 pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.PATHI SIVA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GPFOR IRRI ANDCAD The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21501 of 2025 ORDER: The present Writ Petition was filed under Article 226 of the Constitution of India seeking the following relief;- ., to issue a Writ of Mandamus or any other appropriate Writ, Order or Direction declaring the inaction of Respondents 3 and 5 in removing the illegal encroachment made by unofficial Respondent No.7 over Government land in Sy.No.430/D Kallur Village and Mandal, Kurnool District, forming part of Tungabhadra Project Water Channel, even after receiving several representations from the petitioner 20.06.2025 as illegal, arbitrary, unjust and violative of the provisions of the A. P.Land Encroachment Act, 1905, and the constitutional mandate under Articles 14 and 21 and consequently to direct the Respondents No 2 and 5 to conduct a joint site inspection, demarcate the land, evict the encroacher, demolish the illegal structures and restore the land to its original condition and to pass such other order or orders ....” 2. The petitioner herein is the resident of Kurnool City and eking out his livelihood by doing cultivation. The grievance of the petitioner is that a portion of the water channel is maintained under Tungabhadra Project, situated in survey No.430/D of Kallur Village and Mandal, Kurnool District, adjacent to NH-44 and located immediately North of Hotel Keshav Grand, has been encroached by un-official respondent No.6, illegally by erecting a compound wall enclosing the Government land, which forms part of the irrigation channel of Tungabhadra Project. As such, the petitioner made a representation/complaint to the Tahsildar i.e., 5*'^ respondent herein on 20.06.2025, requestii^the respondent 4 authorities to initiate appropriate legal action for eviction of the illegal encroachments made by the un-official respondent No.6 over the Government land in survey No.430/D of Kallur Village and Mandal, Kurnool District, which forms part of Tungabhadra project. As no action was initiated by the respondent authorities, in spite of the representation/complaint made by the petitioner, the petitioner is constrained to approach this Court by way of filing the present writ petition. 3. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Revenue and Irrigation representing the respondents. 4. Learned Assistant Government Pleader for Revenue has furnished a copy of the written instructions of the S'*" respondent, wherein, it is stated that, in pursuance of the representation/complaint received from the petitioner on 20.06.2025, it was identified by the respondents that the land in survey No.430/D to an extent of Ac.0.70 cents stands in the name of Tungabhadra Project, which is listed in the prohibitory list of Kallur Village and Mandal. It is also stated that, as per the RSR, land in survey No.430/D to an extent of Ac.0.70 cents is noted as Channel (Kaluva) and is in the prohibitory list. Having identified the same, the th Irrigation Department, Kurnool, has requested the Tahsildar, i.e., the 5 respondent herein, to inspect the land and take necessary action, if any encroachments are made un-authorizedly in the sajd survey No.430/D. It fv. is further stated that, necessary action will be initiated, as per the rules in force, as the land is in the name of the Irrigation Department. 5. On perusal of the written instruction of the 5''^ respondent, it can be immediately the after receiving that. understood representation/complaint from the petitioner, the respondent authorities have acted upon by addressing a letter to the Tahsildar, to initiate necessary action to remove the illegal encroachments made in the NO.430/D, which in fact is in the name of the Irrigation Department (Tungabhadra project) and is also listed in the prohibitory property list of Kallur Village and Mandal. 6. As the respondents are initiating steps to remove the unauthorized encroachments made by the un-official respondent herein and as well as instead of keeping this writ petition pending, this Court deems it survey others, appropriate to dispose of the writ petition by directing the respondents to the illegal encroachments over the Government land in survey Kallur Village and Mandal, which forms part of Tungabhadra project water channel, after identifying the encroachers by duly conducting a joint survey in accordance with law. The said process shall be completed within a period of six (6) months from the date of remove NO.430/D of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. 6 As a sequel, Interlocutory Applications pending, if any, shall stand closed. Sd/- K.J.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Water Resources Department, State of Andhra Secretariat Buildings, Velagapudi, Amaravati Guntur District. Pradesh, 2. The District Collector, Collectorate, Kurnool District - 518001. Superintending Engineer, Kurnool Irrigation Circle, Water Resources Dept. Kurnool, Kurnool District. Divisional Officer, Kurnool Revenue Division, Kurnool 3. The 4. The Revenue District. 5. The Tahsildar, Kallur Mandal, Kurnool District. 6. One CC to Sri Pathi Siva Prasad, Advocate [OPUC] 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 9. Two CD Copies. ssb HIGH COURT DATED:18/08/2025 ORDER WP No. 21501 OF 2025 DISPOSING OF THE W.P. WITHOUT COSTS