APHC010499452018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23566/2018 Between: 1. ADAPA VEERRAJU, S/O. LATE SRI NARAYUDU HINDU, AGED ABOUT 68 YEARS, OCC.CULTIVATION R/O. SOMESWARAM VILLAGE, RAYAVARAM MANDAL EAST GODAVARI DISTRICT 2. ADAPA VENUGOPALA SWAMY, S/O. LATE SRI NARAYUDU HINDU, AGED ABOUT 62 YEARS, OCC.CULTIVATION R/O. VENDRA VILLAGE, PEDAPUDI MANDAL EAST GODAVARI DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY WATER RESOURCES DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI - 522 237 AMARAVATHI, GUNTUR DISTRICT 2. THE EXECUTIVE ENGINEER, IRRIGATION EASTERN DIVISION DOWLAISWARAM - 533 125, EAST GODAVARI DISTRICT 3. THE ASSISTANT EXECUTIVE ENGINEER, KOVVURU IRRIGATION SECTION KAKINADA - 533 006, EAST GODAVARI DISTRICT 4. THE TAHSILDAR, PEDAPUDI - 533 006, EAST GODAVARI 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 to to issue an appropriate Writ, Order or Direction more particularly 2 one in the nature of Writ of Mandamus declaring the action of the Respondents in interfering with the agricultural operations of the Petitioners in their land of an extent of Ac.0-25 cents in Survey No.1/1 of Vendra Village and an extent of Ac.0- 48 cents in Survey No.270/1 and an extent of Ac.0-38 cents in Survey No.271 of Pyna Village, Pedapudi Mandal, East Godavari District as illegal, arbitrary and unjust and consequently direct the Respondents not to interfere with the agricultural operations of the Petitioners' in their land of an extent of Ac.0-25 cents in Survey No.1/1 of Vendra Village and an extent of Ac.0-48 cents in Survey No.270/1 and an extent of Ac.0-38 cents in Survey No.271 of Pyna Village, Pedapudi Mandal, East Godavari District and pass IA NO: 1 OF 2018 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 direct the Respondents not to interfere with the agricultural operations of the Petitioners' in their land of an extent of Ac.0-25 cents in Survey No.1/1 of Vendra Village and an extent of Ac.0-48 cents in Survey No.270/1 and an extent of Ac.0-38 cents in Survey No.271 of Pyna Village, Pedapudi Mandal, East Godavari District, pending disposal of the present Writ Petition and pass IA NO: 1 OF 2019 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 vacate the interim order dated 10.7.2018 passed in I.A.No.1/2018 in WP.No.23566/2018 and dismiss the writ petition as there are no merits in it Counsel for the Petitioner(S): 1. N SIVA REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR IRRI AND CAD (AP) The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.23566 of 2018 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in interfering with the agricultural operations of the Petitioners in their land of an extent of Ac.0-25 cents in Survey No.1/1 of Vendra Village and an extent of Ac.0- 48 cents in Survey No.270/1 and an extent of Ac.0-38 cents in Survey No.271 of Pyna Village, Pedapudi Mandal, East Godavari District as illegal, arbitrary and unjust and consequently direct the Respondents not to interfere with the agricultural operations of the Petitioners' in their land of an extent of Ac.0-25 cents in Survey No.1/1 of Vendra Village and an extent of Ac.0-48 cents in Survey No.270/1 and an extent of Ac.0-38 cents in Survey No.271 of Pyna Village, Pedapudi Mandal, East Godavari District and pass….” 2. Brief facts of the case are that the petitioners are natural brothers and are agriculturists. During the lifetime of the petitioners’ father, he used to cultivate the Government vacant land admeasuring to a total extent of Acs.1.11 cents abutting Yendamuru channel. Out of the total extent, an extent of Ac.0.25 cents falls under Sy.No.1/1 in Vendra limits, Ac.0.48 cents falls under Sy.No.270/1 and Ac.0.38 cents falls under Sy.No.271 in the limits of Pyna village. Vide proceedings Ref.R- 3.11011/75, dated 09.08.1975, the then District Collector, East Godavari has granted permission to the petitioners’ father to cultivate the aforementioned land. Subsequently, the petitioners’ father passed away in the year 1998 and later, the petitioners herein have been cultivating in the subject land. 4 3. While the matter stood thus, though the patta granted in favour of the petitioners’ deceased father is in subsistence, the officials of the 3rd respondent are trying to interfere with the possession of the petitioners’ subject property. Aggrieved by the said action of the respondent officials, the petitioners have filed the present petition. 4. When the writ petition came up for admission on 10.07.2018, this Court has passed an interim order directing the respondents not to interfere with the agricultural operations of the petitioners in the land to an extent of Acs.0.25 cents in Sy.No.1/1 of Vendra village and an extent of Acs.0.48 cents in Sy.No.270/1 and an extent of Acs.0.38 cents in Sy.No.271 of Pyna village, Pedapudi mandal, East Godavari district, pending the present petition. 5. The 2nd respondent has filed a counter affidavit along with a vacate stay petition stating that the Irrigation department officials had never entered the agricultural operations of the petitioners in the subject land. It is further stated that the lands in Sy.Nos.270/1, 270/2, 27, 273 and 274, admeasuring to a total extent of Acs.6.37 cents belongs to Irrigation department. Out of the said extent, the then District Collector, East Godavari has accorded permission to the petitioners’ father to cultivate in an extent of Acs.1.11 cents until further orders. It is further stated that permitting the petitioners’ late father to cultivate in the aforesaid land is illegal, because except the Irrigation department, no other department has right over the aforesaid land and has no right to accord any kind of permission. Hence, requested to dismiss the present petition. 6. Heard learned counsel for the petitioners, learned Assistant Government Pleader for Irrigation and learned Assistant Government Pleader for Revenue. 5 7. On a perusal of the material available on record, it can be seen that vide proceedings dated 09.08.1975, the then District Collector, East Godavari has granted permission to the petitioners’ father to cultivate in a total extent of Acs.1.11 cents as mentioned hereinabove. It can be seen from the proceedings dated 09.08.1975 that the District Collector, duly considering that the petitioners’ late father has been cultivating the said land for over 10 years, has accorded permission to cultivate the same. After the demise of petitioners’ father, the petitioners, being the legal heirs started cultivating in the said land. As the subject land is in possession of the petitioners since 1975, this Court is of the opinion that the respondents cannot interfere with the possession of the petitioners over the subject land, without following due process of law. 8. In view of the above, this writ petition is disposed of, by directing the respondent authorities not to dispossess the petitioners from the land to an extent of Acs.0.25 cents in Sy.No.1/1 of Vendra village and an extent of Acs.0.48 cents in Sy.No.270/1 and an extent of Acs.0.38 cents in Sy.No.271 of Pyna village, Pedapudi mandal, East Godavari district, without following due process of law. 9. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date : 13.08.2025. Gss