APHC010498412025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27227/2025 Between: 1. CHINTAPALLI DURGARAO, S/O KRISHNA, AGED ABOUT 42 YEARS, RESIDENT OF H. NO. 8- 28-1, SC COLONY, THOTAPALEM, DHARMAPURI MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH - 535002. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, AP SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, VIZIANAGARAM, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 3. THE REVENUE DIVISIONAL OFFICER, VIZIANAGARAM DIVISION, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 4. THE TAHSILDAR, DHARMAPURI MANDAL, VIZIANAGARAM DISTRICT, ANDHRA PRADESH. 5. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, VIZIANAGARAM DISTRICT. 6. THE VIZIANAGARAM MUNICIPAL CORPORATION, REP BY ITS COMMISSIONER, VIZIANAGARAM, ANDHRA PRADESH. 7. GEDELA SAI, S/O SINKANNA AGED 50 YEARS, OCC NOT KNOWN, THOTAPALEM, GANESH NAGAR, VIZIANAGARAM, ANDHRA 2 VS,J W.P.No.27227 of 2025 PRADESH. 8. ARLI KRISHNA, S/O NOT KNOWN, AGED 70 YEARS, SIMHADRI KALYANAMANDAPAM, THOTAPALEM, GANESH NAGAR, VIZIANAGARAM, ANDHRA PRADESH. 9. DELU SAI, S/O KALPANA AGED 50 YEARS, SIMHADRI KALYANAMANDAPAM, THOTAPALEM, GANESH NAGAR, VIZIANAGARAM, ANDHRA PRADESH. 10. ARLI KRISHNA RAO, S/O NOT KNOWN, OCC RETD SI OF POLICE, SIMHADRI KALYANAMANDAPAM, THOTAPALEM, GANESH NAGAR, VIZIANAGARAM, ANDHRA PRADESH. ...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 to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring the action of the respondent authorities not considering the petitioners representation dated 04.08.2025, by which the petitioner seeks to prevent the illegal encroachments and remove the unauthorized Constructions over the CHERUVU (WATER BODY) in Survey No. 56/2 of Thotapalem Village, Dharmapuri Mandal, Vizianagaram District, of an extent of Ac 6.45 Cents it is Contrary to the Direction of this Honble court orders in W.P. PIL No. 140/2022 and violation of Fundamental right of citizens guaranteed under Art 14, 21 of the Constitution of India and consequently direct the respondents to take immediate steps in removing the encroachments in the government land which as classified as CHERUVU (WATER BODY) situated in Survey No. 56/2 of Thotapalem Village, Dharmapuri Mandal, Vizianagaram District and to 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 to issue appropriate interim directions to the respondents, to remove the encroachments overCHERUVU ("WATER BODY)" situated in Survey No. 56/2 of Thotapalem Village, Dharmapuri Mandal, Vizianagaram District,considering the representation of the petitioner dated 04.08.2025 pending disposal of the above writ petition and to pass Counsel for the Petitioner: 3 VS,J W.P.No.27227 of 2025 1. JADA SRAVAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 4 VS,J W.P.No.27227 of 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a Writ Order or direction particularly, one in the nature of writ of Mandamus, declaring the action of the respondent authorities not considering the petitioners representation dated 04.08.2025, by which the petitioner seeks to prevent the illegal encroachments and remove the unauthorized Constructions over the CHERUVU (WATER BODY) in Survey No. 56/2 of Thotapalem Village, Dharmapuri Mandal, Vizianagaram District, of an extent of Ac 6.45 Cents it is Contrary to the Direction of this Hon’ble court orders in W.P. PIL No. 140/2022 and violation of Fundamental right of citizens guaranteed under Art 14, 21 of the Constitution of India and consequently direct the respondents to take immediate steps in removing the encroachments in the government land which as classified as CHERUVU (WATER BODY) situated in Survey No. 56/2 of Thotapalem Village, Dharmapuri Mandal, Vizianagaram District …” 2. The petitioner is a resident of Vizianagaram District, and is affected by illegal encroachments and unauthorized constructions that have been taken place on Government land, which is classified as “canal” situated in Sy.No.56/2 to an extent of Ac.6.45 cents, Thotapalem Village, Dharmapuri Mandal, Vizianagaram District. In view thereof, the petitioner was constrained to file a representation before the respondent authorities on 04.08.2025, requesting them to identify the canal land, remove the illegal encroachments and restore the Government canal land in Sy.No.56/2 of Thotapalem village to its original public use. Pursuant to the said representation, respondent No.2 addressed a letter dated 18.08.2025 to respondents No.3 and 4, directing them to conduct a proper enquiry on the issue and submit an enquiry report to the office. 5 VS,J W.P.No.27227 of 2025 3. The grievance of the petitioner in the present writ petition is that despite the direction given by respondent No.2, respondents No.3 and 4 have failed to conduct the enquiry as directed. 4. Heard Mr.Karthika Shah, learned counsel representing Mr.Jada Sravan Kumar, learned counsel for the petitioner as well as learned Assistant Government Pleaders for Irrigation and Revenue. 5. Since there is already a direction by respondent No.2, pursuant to the complaint raised by the petitioner, directing respondents No.3 and 4 to conduct a proper enquiry on the issue and submit a enquiry report, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition at the admission stage, directing respondents No.3 and 4 to conduct an enquiry as directed by respondent No.2 and submit an enquiry report as expeditiously as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order. Thereafter, respondent No.2 shall initiate appropriate action in accordance with law for removal of the said encroachments. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 14.10.2025 KGR