APHC010414482025 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 21605/2025 Between: 1. BURLE SRINIVASARAO,, S/O RAMAMURTHY, AGED ABOUT 50 YEARS, OCC CULTIVATION, R/O. 1,2 AND 3, KRISHNAPURAM, MITTUR BIT-I NERADI REVENUE, KOTHUR MANDAL SRIKAKULAM DISTRICT, ANDHRA PRADESH 1. THE STATE OF ANDHRA PRADESH, SECRETARY IRRIGATION DEPARTMENT, SECRETARIAT, GUNTUR DISTRICT, NELAPADU 2. THE STATE OF ANDHRA PRADESH, REP .BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, SECRETARIAT, GUNTUR DISTRICT, NELAPADU 3. THE DISTRICT COLLECTOR, SRIKAKULAM DISTRICT, SRIKAKULAM. 4. THE SUPERINTENDING ENGINEER, WATER RESOURCE DEPARTMENT, B.R.R VAMSADHARA PROJECT CIRCLE, SRIKAKULAM, SRIKAKULAM DISTRICT. 5. THE EXECUTIVE ENGINEER, WATER RESOURCE DEPARTMENT, B.R.R VAMSADHARA PROJECT, DIVISION SRIKAKULAM DISTRICT. 6. THE DEPUTY ENGINEER, WATER RESOURCE DEPARTMENT, B.R.R VAMSADHARA PROJECT, SUB DIVISION SRIKAKULAM DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCE DEPARTMENT, B.R.R VAMSADHARA PROJECT, SUB DIVISION IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction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etition 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, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in preventing the unauthorized and illegal construction at Krishnapuram R and R Colony, Mittur Bit-1, Kottur Mandal, Main Reservoir, Vamsadhara (FFC) as illegal, arbitrary, in violation of Articles 14, 16, and 19 of Constitution of India and contrary to Law and further direct the respondents herein to protect the Krishnapuram R and R colony Metturu Bit -I, Kothurmandal. Main reservoir Vamsadhara (FFC) canal bund and take immediate steps to stop the unauthorized construction in the interest of justice IA 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 pleased For the reasons stated above, it is prayed that this Hon'ble Court may be pleased to direct the respondents to protect the Krishnapuram R&R colony Metturu Bit -I, Kotturmandal. Main reservoir Vamsadhara (FFC) canal bund and take immediate steps to stop the unauthorised construction in the interest of justice Counsel for the Petitioner: 1. CHAKRADHARA RAJA Y Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.21605 of 2025 ORDER: The present 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 ofWrit of Mandamus declaring the inaction of the respondents in preventing the unauthorized and illegal construction at Krishnapuram R &R Colony,Mittur Bit-I,Kottur Mandal, Main Reservoir Vamsadhara(FFC) as illegal, arbitrary, in violation of Articles 14, 16 &19 of Constitution of India and contrary to Law and further direct the respondents herein to protect the Krishnapuram R&R colony,Metturu Bit-I,KothurMandal,Main reservoir Vamsadhara(FFC) canal bund and take immediate steps to stop the unauthorized construction in the interest of justiceand to pass such other order or orders ….” 2. The petitioner is the native of Krishnapuram, Mittur Bit-I, Neradi Revenue, Kothur Mandal, Srikakulam District. The case of the petitioner is that Vamsadhara reservoir is situated near the petitioner’s village. The Government had acquired land in that region for construction of flood flow canal (FFC) under the vamsadhara project, extending from Katragadda Village to Bhamini Mandal. The said flood flow canal is designed to divert the excess flood water from reservoir, preventing inundation and protecting surrounding areas during the overflow conditions. 3. The grievance of the petitioner is that certain individuals with the support of politicians and some Government Officials have attempted to illegally construct a temple on the flood canal bund in 4 Krishnapuram R & R Colony situated near the Main Reservoir of Vamsadhara Project (FFC). As such the petitioner lodged a complaint to the concerned authorities in the year 2023, basing upon which the 7th respondent has addressed a letter to the 9th respondent on 10.03.2023 following which the constructions were temporarily stalled. However, no further action has been initiated against the person involved in the said encroachments. 4. However, again with political backing certain individuals have resumed the illegal construction, blatantly disregarding the official orders. As such the petitioner was again constrained to make a representation to the Irrigation Department on 23.05.2025, basing on which the 6th respondent vide letter dated 20.06.2025 directed the 9th respondent to take necessary action, as per the Hon’ble Supreme Court’s order and relevant Government Orders, including G.O.Ms.No.188, Panchayat Raj And Rural Development (Pts.IV) Department, dated 21.07.2011. In spite of the same, no action has been initiated by the respondents in safeguarding the said canal. Hence, the present writ petition is filed. 5. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue and Irrigation. 6. Learned Assistant Government Pleader for Revenue has furnished a copy of the instructions of the 9th respondent, wherein, it 5 is stated that the petitioner filed present writ petition challenging the construction of temple taken up by the Project Displaced Families (PDFs) of the Vamsadhara Project. The construction is nearly 150 meters away from the rear side of the spoll Bank of the flood flow canal. Further, as per the representations received from the petitioner, notices were already issued to the said encroachers on 01.07.2025 under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905, and as well as, as per the guidelines contained in G.O.Ms.No.188, Panchayat Raj And Rural Development (Pts.IV) Department, dated 21.07.2011. 7. From the said instructions, it can be understood that in pursuance of the complaint raised by the petitioner, the respondents have already initiated action by giving notice to the encroachers, calling for an explanation under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905 and as well as, as per the guidelines contained in G.O.Ms.No.188, Panchayat Raj And Rural Development (Pts.IV) Department, dated 21.07.2011, but, however, the subsequent procedure of eviction is still pending. 8. In view of the same, instead of keeping the writ petition pending, this Court deems it appropriate to dispose of the writ petition by directing the respondents to complete the process of evicting the encroachers in order to protect the Krishnapuram R&R Colony, Mittur Bit-I, Kottur Mandal, Main Reservoir Canal Bund, in 6 pursuance of the notice dated 01.07.2025, as expeditiously as possible, preferably, within a period of six (6) months from the date of receipt of a copy of the order. 9. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 20.08.2025 MDP