APHC010486012025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24681/2025 Between: 1. V VENKATA RAMANA PRASAD, S/O. LATE V. CHANDRA SEKHAR NAIDU, AGED ABOUT 62 YEARS, RETD. DEPUTY EXECUTIVE ENGINEER, RESIDING AT QUARTER NO.EE/5 RF, SUNNIPENTA SRISAILAM PROJECT, NANDYAL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, REP. BY ITS PRINCIPAL SECRETARY 2. THE SUPERINTENDING ENGINEER, DAM MAINTENANCE CIRCLE, NSRS SRISAILAM PROJECT, SRISAILAM 3. THE EXECUTIVE ENGINEER FAC, DAM MAINTENANCE DIVISION, NSRS SRISAILAM PROJECT SRISAILAM 4. THE EXECUTIVE ENGINEER, CAMPS AND BUILDINGS DIVISION, NSRS SRISAILAM PROJECT SRISAILAM ...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 action of the 4th respondent in issuing Notice NO.EE/C/ and B/AB/A2/580M dated 04.09.2025 in seeking to evict the petitioner from allotted quarter bearing D.No.EE/5 RF, Sunnipenta, 2 VS,J W.P.NO.24681 OF 2025 Srisailam Project, Nandyal, in violation of GOMs No.21 dated 05.QZ2Q09, without following due process of law, as arbitrary, illegal unjust, non- application of mind, violative of principles of natural justice. violative of Fundamental Rights guaranteed under Articles 14, 19 and 21, apart from being violative of the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently set aside the Notice No.EE/C/ and B /AB/A2/580M dated 04.09.2025 issued by respondent no.4 to the petitioner and direct the respondents not to evict the petitioner and his family till the completion of regularization of quarter EE/5 to petitioner as per GOMs 21 dated 05.02.2009 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 suspend the notice No.EE/C/&B/AB/A2/580M dated 04.09.2025 issued by 4th respondent, pending disposal of the above Writ Petition and direct the respondents not to evict the petitioner and his family till the completion of regularization of quarter EE/5 to petitioner as per GOMs 21 dated 05.02.2009 and pass Counsel for the Petitioner: 1. PAWAN KUMAR MALAPATI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.NO.24681 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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of the 4th respondent in issuing Notice NO.EE/C/&B/AB/A2/580M dated 04.09.2025 in seeking to evict the petitioner from allotted quarter bearing D.No.EE/5 RF, Sunnipenta, Srisailam Project, Nandyal, in violation of GOMs No.21 dated 05.02.2009, without following due process of law, as arbitrary, illegal unjust, non-application of mind, violative of principles of natural justice. violative of Fundamental Rights guaranteed under Articles 14, 19 and 21, apart from being violative of the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently set aside the Notice No.EE/C/ and B /AB/A2/580M dated 04.09.2025 issued by respondent no.4 to the petitioner and direct the respondents not to evict the petitioner and his family till the completion of regularization of quarter EE/5 to petitioner as per GOMs.No.21 dated 05.02.2009 and pass...” 2. The petitioner worked in the Irrigation Department of State of Andhra Pradesh in different posts and retired from service as Deputy Executive Engineer on 31.03.2023, while working in NSRS Srisailam project, Srisailam. Based on representations from retired employees’ association and other unions and associations, the Government issued G.O.Ms.No.21 dated 05.02.2009, under which retired Government employees occupying quarter/land may have their possession regularized upon payment of cost at the market value fixed by the District Collector. Pursuant to the said G.O.Ms.No.21, the petitioner have made a representation dated 30.06.2025 along with others for regularizing the quarter in their name permanently and agreed to make payment of cost at the market value. Pending said representations, the 4th respondent issued the impugned notice dated 04.09.2025, directing the petitioner to hand over the quarter to the Deputy 4 VS,J W.P.NO.24681 OF 2025 Executive Engineer or else, action will be recommended to the higher authorities and a police compliant will also be lodged. The petitioner was also directed to hand over the same on or before 15.09.2025. Challenging which, the present Writ Petition is filed. 3. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Irrigation. 4. On perusal of the impugned notice, it can be observed that though it is called as a notice, it is a direction given to the petitioner to hand over the said house on or before 15.09.2025, which in fact, without calling for an explanation from the petitioner for continuation of possession over the said quarter. It is also a fact that the petitioner along with others have submitted a representation to the concerned authorities to regularize their quarter on payment of market value in pursuance of G.O.Ms.No.21 date 05.02.2009. Despite the pendency of the said representation, the respondents have issued the present impugned notice. As per G.O.Ms.No.21 Irrigation and CAD(PW- MAJOR.IX) department dated 05.02.2009, basing on the Committees’ report and keeping in view of the representations of various Services Association, the Government, in principle, hereby issue orders as follows: 1. All the occupants of the Irrigation Department Quarters, who are Below Poverty Line should be allotted the quarter/land under their occupation, free of cost, restricting to a maximum of 50 Sq.meters per family, as is the policy of the 5 VS,J W.P.NO.24681 OF 2025 Government, for allotting houses to the people living Below the Poverty line; 2. The occupants/encroachers other than Below Poverty line and other than retired employees, be summarily evicted: and 3. The retired Government Employees, occupying the Quarter/land may be regularized on payment of cost at a market value fixed by the District Collector. 5. The case of the petitioner falls under paragraph 3(3) of G.O.Ms.No.21 date 05.02.2009. As the said impugned notice is directing the petitioner to handover the house on or before dated 16.09.2025, this Court is of the opinion that it cannot be called as a notice, it is a direction given by the 4th respondent, which in fact cannot be without calling for explanation from the petitioner. 6. In view of the same, instead of keeping the writ petition pending, this Court feels it appropriate to dispose of the writ petition by directing the petitioner to submit an explanation to the said notice dated 04.09.2025 within a period of two (02) weeks from the date of receipt of a copy of this order. Thereafter, upon considering the explanation, the respondents shall pass appropriate orders afresh in accordance with paragraph 3(3) of G.O.Ms.No.21 dated 05.02.2009, by duly considering the earlier representation dated 30.06.2025 made by the petitioner in terms of G.O.Ms.No.21 dated 05.02.2009. The said process shall be completed within a period of four (04) weeks, thereafter. 6 VS,J W.P.NO.24681 OF 2025 6. 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 :15.09.2025 LSP 7 VS,J W.P.NO.24681 OF 2025 181 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 24681/2025 Date :15.09.2025 LSP