APHC010446302025 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23302/2025 Between: 1. PERICHERLA SUBBA RAJU @ PERICHERLA BULLI SUBBA RAJU, S/O. P. SURYANARAYANA RAJU, AGED 49 YEARS, OCC BUSINESS, R/O. H.NO.5 GANNAVARAM VILLAGE AND MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCE (IRRIGATION AND COMMAND AREA DEVELOPMENT), SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REPRESEN PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AMALAPURAM. 4. THE DISTRICT PANCHAYAT OFFICER, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AMALAPURAM. 5. THE DIVISIONAL PANCHAYAT OFFICER, KOTHAPETA DIVISION, KOTHAPETA, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY, THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23302/2025 PERICHERLA SUBBA RAJU @ PERICHERLA BULLI SUBBA RAJU, S/O. P. SURYANARAYANA RAJU, AGED 49 YEARS, OCC BUSINESS, R/O. H.NO.5-66 TO 5-69, WHARF ROAD, P. GANNAVARAM VILLAGE AND MANDAL, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCE (IRRIGATION AND COMMAND AREA DEVELOPMENT), SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REPRESEN PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, AMARAVATI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AMALAPURAM. THE DISTRICT PANCHAYAT OFFICER, DR. B.R. AMBEDKAR KONASEEMA DISTRICT AMALAPURAM. THE DIVISIONAL PANCHAYAT OFFICER, KOTHAPETA DIVISION, KOTHAPETA, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE NINTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA PERICHERLA SUBBA RAJU @ PERICHERLA BULLI SUBBA RAJU, S/O. P. SURYANARAYANA RAJU, AGED 49 YEARS, OCC 69, WHARF ROAD, P. GANNAVARAM VILLAGE AND MANDAL, DR. B.R.AMBEDKAR ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCE (IRRIGATION AND COMMAND AREA DEVELOPMENT), SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, THE DISTRICT COLLECTOR, DR. B.R. AMBEDKAR KONASEEMA THE DISTRICT PANCHAYAT OFFICER, DR. B.R. AMBEDKAR THE DIVISIONAL PANCHAYAT OFFICER, KOTHAPETA DIVISION, KOTHAPETA, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 2 6. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLAISWARAM EAST GODAVARI DISTRICT. 7. THE EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION, WATER RESOURCES DEPARTMENT, AMALAPURAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 8. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB- DIVISION, P.GANNAVARAM MANDAL, P.GANNAVARAM, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 9. THE ASSISTANT ENGINEER, IRRIGATION SECTION, RAZOLE, WATER RESOURCES DEPARTMENT, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 10. THE TAHSILDAR, P. GANNAVARAM MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 11. THE EXECUTIVE ENGINEER, R AND B DIVISION, AMALAPURAM, DR.B.R. AMBEDKAR KONASEEMA DISTRICT. 12. THE GRAM PANCHAYAT, P. GANNAVARAM VILLAGE, REPRESENTED BY ITS PANCHAYAT SECRETARY, P. GANNAVARAM VILLAGE, P. GANNAVARAM MANDAL DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 13. THE SUBINSPECTOR OF POLICE, P.GANNAVARAM POLICE STATION, P. GANNAVARAM VILLAGE, P. GANNAVARAM MANDAL DR. B.R. AMBEDKAR KONASEEMA 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, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in raising unauthorised structures under the guise of Government Building (Anna Canteen) on the land recorded as Irrigation Canal, Canal Bund (R and B Road (Podalada to Rajavaram Road) known as P.Gannavaram to Ganti Canal Road)) to an extent of Acre 4.99 Cents situated in R.S.No.165 and by obstructing the right of way to the Petitioners Residential House with Door Nos.5-66, 5-67, 5-68 and RCC Building with Door No.5-69 in an extent of Acre 0-55 Cents situated in P. Gannavaram Village and Mandal, Dr.B.R.Ambedkar Konaseema District as illegal, 3 arbitrary, wholly without jurisdiction and violative of the Rules of Natural Justice and Articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the Respondents not to raise any illegal constructions on the Canal Bund/Road and pass 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 to direct the 2nd respondent not to allow the 5th and 6th respondents industry to operate again on any condition, pending disposal of the main Writ Petition and to pass Counsel for the Petitioner: 1. M R K CHAKRAVARTHY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR HOME 3. GP FOR REVENUE 4. GP FOR IRRI AND CAD 4 The Court made the following 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 of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in raising unauthorised structures under the guise of Government Building (Anna Canteen) on the land recorded as Irrigation Canal, Canal Bund (R & B Road (Podalada to Rajavaram Road) known as (P. Gannavaram to Ganti Canal Road)) to an extent of Acre 4.99 Cents situated in R.S.No.165 and by obstructing the right of way to the Petitioner’s Residential House with Door Nos.5-66, 5-67, 5-68 and RCC Building with Door No.5-69 in an extent of Acre 0.55 Cents situated in P. Gannavaram Village & Mandal, Dr. B.R. Ambedkar Konaseema District, as illegal, arbitrary, wholly without jurisdiction and violative of the Rules of Natural Justice and Articles 14, 19, 21 and 300 A of the Constitution of India and consequently direct the Respondents not to raise any illegal constructions on the Canal Bund/Road, and to pass such other order or orders ….” 2. The petitioner is the absolute owner and possessor of the tiled house with door Nos.5-66, 5-67, 5-68 and RCC building with door No.5-69 in an extent of Ac. 0.55 cents situated in R.S.No.125/7 of P.Gannavaram Village & Mandal, Dr.B.R.Ambedkar Konaseema District, having acquired the said property by way of succession from his predecessor in title. As one of the respondents were taking steps to construct Government building on irrigation land, canal bund and road margin in R.S.No.165 to an extent of Ac. 4.99 cents of Patha Gannavaram Village & Mandal, Dr.B.R.Ambedkar Konaseema District, by obstructing the petitioner’s ingress and egress to his residential house, which survey number is adjacent to the petitioner’s survey number, the petitioner was constrained to filed writ petition No.16503 of 2025. When the writ petition came up for admission, it was brought to the notice of this 5 Court that neither the Gram Panchayat has passed any resolution nor it is undertaking any construction, as alleged by the petitioner and considering the submissions made by both the learned counsels, the writ petition was disposed of on 07.07.2025, directing the respondents not to undertake any construction in survey No.165 of P.Gannavaram Village, which is classified as canal poramboke and further observed that, if any construction is undertaken by the respondent authorities in future, the petitioner is at liberty to take steps available under law. 3. The grievance of the petitioner is that, in pursuance of the orders passed by this Court dated 07.07.2025, the respondents have not undertaken any construction. But, however, recently the petitioner has observed that the respondents are trying to raise unauthorized constructions under the guise of Government building (Anna Canteen) in the land recorded as Irrigation land (canal bund). As the said constructions would affect the ingress and egress of the petitioner to his residential house, the petitioner is constrained to file the present writ petition. 4. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation and Revenue representing the respondents. 5. Today when the matter came up for hearing, learned Assistant Government Pleader has furnished a copy of the instructions of the Tahsildar, wherein, it is stated that the land in survey No.165, admeasuring Ac.4.99 6 cents is under the possession of the Irrigation department and it is also stated that no constructions have been allowed by the Irrigation department in the said land. It is also stated that the petitioner is already using a portion of the Government land (Irrigation land in survey No.165) for his own benefit and the petitioner is trying to encroach over the said land by giving irrelevant reasons that the said constructions would obstruct his ingress and egress to his residential house. 6. On a perusal of the order passed by this Court in writ petition No.16503 of 2025 on 07.07.2025, it can be seen that the 12th respondent herein has admitted that the Gram Panchayat has not passed any resolution permitting the respondents to make constructions in survey No.165. Considering the said fact, the writ petition was disposed of, directing the respondents not to undertake any construction in survey No.165, which in fact is classified as canal poramboke. However, when the present writ petition is filed, the Tahsildar takes new stand stating that the petitioner himself has encroached a portion of the Government land in survey No.165 for his own benefit and giving irrelevant reasons that his ingress and egress would be affected, if at all any constructions are made in the survey No.165, is filing the writ petitions before this Court and obtaining orders. However, it is admitted that the land to an extent of Ac.4.99 cents in survey No.165 is under the possession of the Irrigation department and is also classified as canal poramboke. 7 7. While dealing with the issue of encroachments made over the tank lands in W.P.(PIL).No.108 of 2022 and batch, the Hon’ble Division Bench of this Court relying upon W.P.(PIL).No.140 of 2022, directed the Executive Authority i.e. Panchayat Secretary of the respective Gram Panchayats to remove the encroachments over the tanks within a period of six (6) months by issuing notice and providing opportunity of hearing to the unauthorized occupants/encroachers. 8. In view of the same, neither the petitioner nor the respondents can be permitted to make any construction over the said canal poramboke land. However, as there is dispute with regard to encroachment alleged to have been made by the petitioner, this Court feels it appropriate to direct the 10th respondent to conduct survey over the land admeasuring Ac. 4.99 cents in survey No.165 of Patha Gannavaram Village & Mandal, with the assistance of the Mandal Surveyor, after giving notice to the petitioner and as well as the Irrigation department and see that the said land admeasuring Ac. 4.99 cents in survey No.165 is protected from the encroachments, by fixing boundaries of the said survey number and also see that no constructions shall be carried out on the said survey number, as it is classified as canal poramboke. The said process shall be completed within a period of three (3) months from the date of receipt of a copy of this order. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 8 As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 09.09.2025 MDP