APHC010468402025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23695/2025 Between: 1. CHIKATI SRINIVASA RAO, S/O JAGAN MOHAN RAO AGED 50 YEARS OCC CULTIVATION R/O CHIUPURUGUDEM, CHATRAI MANDAL ELURU DISTRICT ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT POWER AND IRRIGATION DEPARTMENT SECRETARIAT VELAGAPUDI AMARAVATHI 2. THE SUPERINTENDENT ENGINEER, POWER AND IRRIGATION ELURU 3. THE EXECUTIVE ENGINEER, POWER AND IRRIGATION ELURU 4. THE ASSISTANT EXECUTIVE ENGINEER, THAMMILARU RESERVOIR PROJECT SECTION NAGIREEDIGUDAM H/O CHINTALAPUDI ELURU 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 tomay be pleased to issue a writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in issuing order for removal of bore-wells, electricity connection and trees in the land of 2 VS,J W.P.NO.23695 OF 2025 petitioner and threatening to dispossess the petitioner from the land admeasuring Ac 3-OOcents in RS No 19 situated at Mankollu village Pothanapalli Grampanchayat, Chatrai Mandal, Eluru District vide impugned order under the caption of Notice dt 18-8-2025 without issuing any show cause notice or opportunity is illegal, arbitrary, highhanded, discriminatory violation of principals of natural justice and cannot be justified in the eye of law and consequently direct the respondents not to take any coercive steps for eviction the petitioner from the land admeasuring Ac 3- OOcents in RS No 19 situated at Mankollu village Pothanapalli Grampanchayat, Chatrai Mandal, Eluru District by removing the trees, borewells and electricity connection in the interest of justice and pass such 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 may be pleased to direct the respondents not to evict the petitioner from the land admeasuring Ac 3-OOcents in RS No 19 situated at Mankollu village Pothanapalli Grampanchayat, Chatrai Mandal, Eluru District bounded by: East Road, West: land under cultivation of Peela Prasad, North: land under cultivation of Kandregula Sirish, South: land under cultivation of Kandregula Sirish by suspending the impugned order under caption of notice dt 18-8- 2025 forthwith in the interest of justice and pass such Counsel for the Petitioner: 1. CH SRINIVAS Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.NO.23695 OF 2025 ORDER:- The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “...to issue a writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents in issuing order for removal of bore-wells, electricity connection and trees in the land of petitioner and threatening to dispossess the petitioner from the land admeasuring Ac.3-00cents in RS.No.19 situated at Mankollu village, Pothanapalli Grampanchayat, Chatrai Mandal, Eluru District vide impugned order under the caption of Notice dt 18-8-2025 without issuing any show cause notice or opportunity is illegal, arbitrary, highhanded, discriminatory violation of principals of natural justice and cannot be justified in the eye of law and consequently direct the respondents not to take any coercive steps for eviction the petitioner from the land admeasuring Ac.3-00cents in RS.No.19 situated at Mankollu village, Pothanapalli Grampanchayat, Chatrai Mandal, Eluru District by removing the trees, borewells and electricity connection in the interest of justice and pass...” 2. The claim of the petitioner is that the petitioner is in possession and enjoyment of the land admeasuring Ac.3-00 cents in RS.No.19 situated at Monkollu village, Pothanapalli Grampanchayat, Chatrai Mandal, Eluru District. The petitioner has put the land under cultivation for the last 30 years by raising Coconut trees and Mango trees in the said land. 3. While the matter being so, all of sudden, the 4th respondent has issued the impugned notice dated 18.08.2025, alleging that the petitioner had encroached the Government land and directed the petitioner to vacate the said land within a period of 15 days from the date of the receipt of the said notice. Challenging which, the present writ petition is filed. 4 VS,J W.P.NO.23695 OF 2025 4. Learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Assistant Executive Engineer, TRP Section, Nagireddigudem, Eluru District, in the letter No.AEE/TRP/Nagireddigudem/F.Court Case/1S, dated 09.09.2025, wherein it is stated that one Sri Bottu Laxmana Rao submitted a representation to the Collector & District Magistrate, Eluru, complaining that the petitioner had encroached the Government land in the foreshore area of Thammileru Reservoir project and had been cultivating Palm oil and Mango trees by digging bore wells. It is further stated that, basing on such complaint, a field inspection was conducted on 26.06.2025, and during inspection it has been observed that the petitioner had encroached the Government land in the foreshore area of Thammileru Reservoir Project and illegally cultivating Palm oil and Mango trees and also digging the bore wells in the said land. As such, they have issued a notice directing the petitioner to vacate the said land within a period of fifteen (15) days. 5. On perusal of the record, the petitioner has been in the possession of the scheduled land for the past 30 years by cultivating Coconut trees and Mango trees. In such case, if at all the respondents have received a complaint from a third party alleging that the petitioner had encroached the Government land, the respondents ought to have issued a show cause notice calling for an explanation from the petitioner. But, instead of doing so, the respondents 5 VS,J W.P.NO.23695 OF 2025 issued the impugned notice dated 18.08.2025 straight away directing the petitioner to vacate the scheduled land within fifteen (15) days. 6. Though, it is named as a notice, in fact it is an order passed by the respondents even without calling for any explanation, which is in fact in violation of the principles of natural justice. 7. As seen from the instructions submitted by the learned Assistant Government Pleader for Irrigation it is evident that, based on the complaint made by one Sri Bottu Laxmana Rao, the respondents suo-moto conducted a field inspection behind the back of the petitioner without even calling the petitioner for field inspection, by way of giving a notice to the petitioner. 8. In view of the same, instead of going into other aspects of the case, this Court, feels it appropriate to dispose of the writ petition by directing the petitioner to submit an explanation to the impugned notice dated 18.08.2025 by treating it as a show cause notice and submit an explanation within a period of fifteen (15) days, from the date of the receipt of a copy of this order. Upon submission of explanation by the petitioner, the respondents shall conduct a Joint Inspection in the presence of the petitioner by giving a notice calling for the joint inspection and thereafter take appropriate action in accordance with law. Till such time, the respondents are directed not to interfere with the petitioner’s possession over the schedule land. 6 VS,J W.P.NO.23695 OF 2025 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :10.09.2025 LSP 7 VS,J W.P.NO.23695 OF 2025 260 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23695/2025 Date :10.09.2025 LSP