APHC010422462015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOS: 9749, 9808, 9880. 9958. 9968, 10076, 10103, 10196 AND 10250 OF 2015 WRIT PETITION NO: 9749 OF 2015 Between: Shaik Nagoor S/o Shaik Meera, aged 61 years, Resident of Sai Alankar Book Centre, Gandhi Nagar, Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector, Krishna at Machilipatnam 3. The Sub Collector, Vijayawada, Krishna District 4. The Mandal Revenue Officer, Vijayawada Urban, Krishna District 5. State of Andhra Pradesh, represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer, Head Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 140.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015(WPMP 12824 OF 2015 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 stay of all further proceedings pursuant to the notice No. 140.T dated 27- 32015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition. lA NO: 2 OF 2022 1. State of Andhra Pradesh, represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I) Department, Secretariat Buildings, Saifabad, Hyderabad 2. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 3. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District The Deputy Executive Engineer, Head Quarters Sub Division, Vijayawada, Krishna District The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District 4. 5. ...Respndents/Petitioners AND 1. Shaik Nagoor S/o Shaik Meera, aged 61 years, Resident of Sai Alankar Book Centre, Gandhi Nagar, Vijayawada, Krishna District .. .Petitioner/Respondent 2. State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad The District Collector, Krishna at Machilipatnam The Sub Collector, Vijayawada, Krishna District The Mandal Revenue Officer, Vijayawada Urban, Krishna District (R2 to R5 are not necessary parties in this petition) 3. 4. 5. ...Respondents/Respondents 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 interim order dated on 09-04-2015 in I.A.No, I of 2015 (W.P.M.P. No. 12824/2015) in W.P. No. 9749 of 2015 and dismiss the Writ Petition. Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD APHC010768022015 WRIT PETITION NO: 9808 OF 2015 Between: Shaik Parvez, S/o Shaik Saleem,, Resident of Opp Alankar Complex, Gandhinagar, Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh, represented by its. Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector Krishna at Machilipatnam. 3. The Sub Collector Vijayawada Krishna District. 4. The Mandal Revenue Officer Vijayawada Urban Krishna Dist. 5. State of Andhra Pradesh represented by its. Principal Secretary, Irrigation and CAD (P.W. L.A. I) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer Head, Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 141.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015(WPMP 12900 OF 2015 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 stay of all further proceedings pursuant to the notice No. 141.T dated 27-3- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9:GP FOR IRRI AND CAD APHC010516702015 WRIT PETITION NO: 9880 OF 2015 Between: Shaik Saleem S/o Shaik Madar Saheb,, Resident of Alankar Complex Gandhi Nagar, Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh represented by its, Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector Krishna at Machilipatnam. 3. The Sub Collector Vijayawada Krishna District. 4. The Mandal Revenue Officer, Vijayawada Urban, Krishna District 5. State of Andhra Pradesh represented by its. Principal Secretary, Irrigation and CAD (P.W. L.A. I) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer Head, Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 142.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious; high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015(WPMP 12990 OF 2015 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 stay of all further proceedings pursuant to the notice No. 142.T dated 27-03- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD APHC010080752015 WRIT PETITION NO: 9958 OF 2015 Between: CHWN Narayana Rao S/o late Leela Prasad, aged 35 years. Resident of 18-7-57, Aparoopa Arcade, Kedaraswarapeta, Quddusnagar, Vijayawada ...Petitioner AND 1. State of Andhra Pradesh represented by its. Revenue Department, Secretariat Buildings, Saifabad, Hyderabad The District Collector Krishna at Machilipatnam, - The Sub Collector Vijayawada Krishna District, - The Mandal Revenue Officer Vijayawada Urban, Krishna District Principal Secretary, 2. 3. 4. 5. State of Andhra Pradesh represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I ) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer Irrigation Department, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer^ Irrigation Department, Head Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Irrigation Department, Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 145.T' dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015(WPMP 13096 OF 2015 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 stay of all further proceedings pursuant to the notice No. 145.T dated 27- 32015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9; GP FOR IRRI AND CAD APHC010051572015 WRIT PETITION NO: 9968 OF 2015 Between: 1. Syed Ateek S/o Bazith, aged 55 years, Resident of Door No. 28-21- 1/2, Kaja Venkateswara Rao Street, Arundel Pet, Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector, Krishna at Machilipatnam. 3. The Sub Collector, Vijayawada, Krishna District. 4. The Mandal Revenue Officer, Vijayawada Urban, Krishna District 5. State of Andhra Pradesh, represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Irrigation department, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer, Irrigation department, Head Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Irrigation department, Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 146.T ^ dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015(WPMP 13108 OF 2015 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 stay of ail further proceedings pursuant to the notice No. 146.T dated 27-3- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD APHC010596072015 SEE WRIT PETITION NO: 10076 OF 2015 Between: Shaik Nagoor Basha, S/o Shaik Nagoor, Aged 33 years, Resident of Door No. 26-4-50, Gnanavolive Street, Gandhinagar, Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh represented by its Principal, Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector Krishna at Machilipatnam. 3. The Sub Collector Vijayawada Krishna District. 4. The Mandal Revenue Officer Vijayawada Urban, Krishna District 5. State of Andhra Pradesh represented by its Principal, Secretary, Irrigation and CAD (P.W. L.A. I) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Irrigation department, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer Head Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 179.T dated 4-4-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015(WPMP 13267 OF 2015 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 stay of all further proceedings pursuant to the notice No. 179.T dated 4-4- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition. Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD APHC010248642015 WRIT PETITION NO: 10103 OF 2015 . Between: Syed Ishraq, S/o Bazith, aged 50 years, Resident of Opposite HMT Show Room, Arundel Pet, Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector Krishna at Machilipatnam. 3. The Sub Collector Vijayawada Krishna District. 4. The Mandal Revenue Officer, Vijayawada Urban, Krishna District. 5. State of Andhra Pradesh, represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I ) Department, Secretariat Buildings, Saifabad, Hyderabad. 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer, Head Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 139.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015fWPMP 13300 OF 2015 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 stay of all further proceedings pursuant to the notice No. 139.T dated 27- 32015 issued by the 9th respondent including dispossession of the petitioner any manner whatsoever forthwith pending disposal of the above writ petition. in Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD APHC010071852015 WRIT PETITION NO: 10196 OF 2015 Between: Syed Ishraq, S/o Bazeed, Aged about 50 years. Resident of 26-4-42 Gnanolive Street, Gandhi Vijayawada, Krishna District ...Petitioner AND 1. State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad 2. The District Collector, Krishna at Machilipatnam. 3. The Sub Collector, Vijayawada, Krishna District. 4. The Mandal Revenue Officer, Vijayawada Urban, Krishna District 5. State of Andhra Pradesh, represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I ) Department, Secretariat Buildings, Saifabad, Hyderabad 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer, Head Quarters Sub Division, Vijayawada Krishna District. 9. The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District. ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 197.T/297 dated 4-4-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession lA NO: 1 OF 2015(WPMP 13444 OF 2015 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 stay of all further proceedings pursuant to the notice No. 197.T/297 dated 44- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition Counsel for the Petitioner: SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD APHC010389532015 WRIT PETITION NO: 10250 OF 2015 Between: Shaik Nagoor Basha, S/o Late Shaik Sattar, aged 34 years, Resident of 0pp. Alankar Complex, Gandhinagar, Vijayawada ...Petitioner AND State of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Saifabad, Hyderabad The District Collector Krishna at Machilipatnam. The Sub Collector Vijayawada Krishna District. The Mandal Revenue Officer, Vijayawada Urban, Krishna District State of Andhra Pradesh, represented by its Principal Secretary, Irrigation and CAD (P.W. L.A. I ) Department, Secretariat Buildings, Saifabad, Hyderabad The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District The Deputy Executive Engineer, Head Quarters Sub Division, Vijayawada, Krishna District The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District 1. 2. 3. 4. 5. 6. 7. 8. 9. ...Respondents 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 more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 148.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession. lA NO: 1 OF 2015fWPMP 13506 OF 2015 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 stay of all further proceedings pursuant to the notice No. 148.T dated 27-3- 2015 issued by the 9th respondent including dispossession of the petitioner in any mariner whatsoever forthwith pending disposal of the above writ petition. Counsel for the Petitioner; SRI YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent Nos. 1 to 4: GP FOR REVENUE Counsel for the Respondent Nos. 5 to 9: GP FOR IRRI AND CAD The Court made the following Common Order: APHC010422462015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] m WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9749/2015 Between: 1.SHAIK NAGOOR,, S/0 SFIAIK MEERA, AGED 61 YEARS, RESIDENT OF SAI ALANKAR BOOK CENTRE, GANDHI NAGAR, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL DEPARTMENT, SECRETARY, BUILDINGS, SAIFABAD, HYDERABAD REVENUE SECRETARIAT 2.THE DISTRICT COLLECTOR, KRISHNA AT MACHILIPATNAM 3.THE SUB COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT 4.THE MANDAL REVENUE OFFICER, VIJAYAWADA URBAN, KRISHNA DISTRICT 5.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. I) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 6.THE SUPERINTENDENT ENGINEER, VIJAYAWADA, KRISHNA DISTRICT IRRIGATION CIRCLE, 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION, VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER, HEAD QUARTERS SUB 2 DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER, TOWN WORKS SECTION VIJAYAWADA, KRISHNA 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 a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 140.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession and pass such other order or orders as may be deemed fit and proper in the circumstances of the case. lA NO: 1 OF 2015(WPMP 12824 OF 2015 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 stay of all further proceedings pursuant to the notice No. 140.T dated 27- 32015 issued by the 9th respondent including dispossession of the petitioner any manner whatsoever forthwith pending disposal of the above writ petition and pass in lA NO: 1 OF 2022 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 receive the counter copies on record by allowing the leave petition in the above writ petition and pass lA NO: 2 OF 2022 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 vacate interim order dated on 09-04-2015 in I.A.No, I of 2015 3 (W.P.M.P. No.12824/2015) in W.P. No. 9749 of 2015 and dismiss the Writ Petition and pass Counsel for the Petitioner; 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) WRIT PETITION NO; 9808/2015 Between: 1.SHAIK PARVEZ, S/O SHAIK SALEEM ALANKAR COMPLEX. GANDHINAGAR, VIJAYAWADA, KRISHNA DISTRICT RESIDENT OF OPP ...PETITIONER AND 1.STATE OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS,SAIFABAD,HYDERABAD 2.THE DISTRICT COLLECTOR KRISHNA AT MACHILIPATNAM, - 3.THE SUB COLLECTOR VIJAYAWADA KRISHNA DISTRICT, - 4.THE MANDAL REVENUE OFFICER VIJAYAWADA URBAN KRISHNA DIST, - 5.STATE OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. 1) DEPARTMENT, SECRETARIATBUILDINGS,SAIFABAD,HYDERABAD 6.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER HEAD, QUARTERS SUB 4 DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER, TOWN WORKS SECTION, VIJAYAWADA, KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 141 .T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession lA NO: 1 OF 2015(WPMP 12900 OF 2015 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 stay of all further proceedings pursuant to the notice No. 141.T dated 27-3- 2015 issued by the 9th respondent including dispossession of the petitioner any manner whatsoever forthwith pending disposal of the above writ petition Counsel for the Petitioner: in 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) WRIT PETITION NO: 9880/2015 Between: 1.SHAIK SALEEM S/0 SHAIK MADAR SAHEB,, RESIDENT OF KRISHNA ALANKAR COMPLEX, GANDHI NAGAR, VIJAYAWADA 5 DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD. HYDERABAD 2.THE DISTRICT COLLECTOR KRISHNA AT MACHILIPATNAM, - 3.THE SUB COLLECTOR VIJAYAWADA KRISHNA DISTRICT, - 4.THE MANDAL REVENUE OFFICER, VIJAYAWADA URBAN, KRISHNA DISTRICT 5.STATE OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. I) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 6.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION, VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER HEAD, QUARTERS SUB DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVIENGINEER, TOWN WORKS SECTION, VIJAYAWADA,KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 142.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious ; high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi 6 Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession lA NO: 1 OF 2015(WPMP 12990 OF 2015 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 stay of all further proceedings pursuant to the notice No. 142.T dated 27-03- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith, pending disposal of the above writ petition. Counsel for the Petitioner: 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) WRIT PETITION NO: 9958/2015 Between: I.CHWN NARAYANA RAO S/0 LATE LEELA PRASAD, APAROOPA KEDARASWARAPETA, QUDDUSNAGAR, VIJAYAWADA AGED 35 ARCADE, YEARS, RESIDENT OF 18-7-57 ...PETITIONER AND 1.STATE OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT SECRETARY, BUILDINGS, SAIFABAD, HYDERABAD 2.THE DISTRICT COLLECTOR KRISHNA AT MACHILIPATNAM, - 3.THE SUB COLLECTOR VIJAYAWADA KRISHNA DISTRICT, - 4.THE MANDAL REVENUE OFFICER VIJAYAWADA URBAN KRISHNA DISTRICT 5.STATE OF ANDHRA PRADESH REPRESENTED BY ITS, PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W, L.A. I ) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 7 6.THE SUPERINTENDENT ENGINEER IRRIGATION CIRCLE VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, KRISHNA CENTRAL DIVISION, VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, HEAD QUARTERS SUB DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER TOWN WORKS SECTION, VIJAYAWADA, KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 145.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession and pass such other order or orders as may be deemed fit and proper in the circumstances of the case. lA NO: 1 OF 2015(WPMP 13096 OF 2015 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 stay of all further proceedings pursuant to the notice No. 145.T dated 27- respondent including dispossession of the 32015 issued by the Soth petitioner in any manner whatsoever forthwith pending disposal of the above writ petition and pass such other order orders as may be deemed fit and proper in the circumstances of the case. Counsel for the Petitioner; 1. YELLAPRAGADA SRINIVASA MURTHY 8 Counsel for the Respondent(S); 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) WRIT PETITION NO: 9968/2015 Between: 1 SYED ATEEK,, S/0 BAZITH, AGED 55 YEARS, RESIDENT OF DOOR NO. 28-21-1/2, KAJA VENKATESWARA RAO STREET, ARUNDEL PET, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 2.THE DISTRICT COLLECTOR, KRISHNA AT MACHILIPATNAM 3. THE SUB COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT 3.THE SUB COLLECTOR, KRISHNA DISTRICT 4.THE MANDAL REVENUE OFFICER KRISHNA DISTRICT VIJAYAWADA URBAN 5.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. I) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 6.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION, VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER, HEAD OUARTERS SUB DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER, SECTION, VIJAYAWADA, KRISHNA DISTRICT TOWN WORKS ...RESPONDENT(S): 9 Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court pleased toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 146.T dated 27-3-2015 issued by the 96 respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession and pass lA NO: 1 OF 2015(WPMP 13108 OF 2015 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 stay of all further proceedings pursuant to the notice No. 146.T dated 27-3- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner: may be 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) WRIT PETITION NO: 10076/2015 Between: 1.SHAIK NAGOOR BASHA, S/0 SHAIK NAGOOR, AGED 33 YEARS, RESIDENT OF DOOR NO. 26-4-50, GNANAVOLIVE STREET, GANDHINAGAR, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND 10 1.STATE OF ANDHRA PRADESH REPRESENTED BY ITS PRINCIPAL, SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD. 2.THE DISTRICT COLLECTOR KRISHNA AT MACHILIPATNAM 3.THE SUB COLLECTOR VIJAYAWADA KRISHNA DISTRICT, - 4.THE MANDAL REVENUE OFFICER VIJAYAWADA URBAN, KRISHNA DISTRICT 5.STATE OF ANDHRA PRADESH REPRESENTED BY ITS PRINCIPAL, SECRETARY. IRRIGATION AND CAD (P.W. LA I) DEPARTMENT, SECRETARIATBUILDINGS.SAIFABAD,HYDERABAD 6.THE SUPERINTENDENT ENGINEER IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER KRISHNA CENTRAL DIVISION, VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER HEAD QUARTERS SUB DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER TOWN WORKS SECTION VIJAYAWADA, KRISHNA 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 tolssue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 179.T dated 4-4-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious, high handed, violate the fundamental rights guaranteed to the ictitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300- A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession and pass !A NO: 1 OF 2015(WPMP 13267 OF 2015 11 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 stay of all further proceedings pursuant to the notice No. 179.T dated 4-4- 2015 issued by the 9th respondent including dispossession of the petitioner any manner whatsoever forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner: 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) • 2.GP FOR IRRI AND CAD (AP) in WRIT PETITION NO: 10103/2015 Between: 1.SYED ISHRAQ, S/0 BAZITH, AGED 50 YEARS, RESIDENT OF OPPOSITE HMT SHOW ROOM, ARUNDEL PET, VIJAYAWADA, KRISHNA DISTRICT ...PETITIONER AND ESTATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL REVENUE DEPARTMENT, SECRETARIAT SECRETARY, BUILDINGS, SAIFABAD, HYDERABAD 2.THE DISTRICT COLLECTOR KRISHNA AT MACHILIPATNAM, - 3.THE SUB COLLECTOR VIJAYAWADA KRISHNA DISTRICT, - 4.THE MANDAL REVENUE OFFICER, VIJAYAWADA URBAN, KRISHNA DISTRICT 5.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. I ) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 6.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 12 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER, HEAD QUARTERS SUB DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER, TOWN WORKS SECTION, VIJAYAWADA, KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 139.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession and pass lA NO: 1 OF 2015(WPMP 13300 OF 2015 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 stay of all further proceedings pursuant to the notice No. 139.T dated 27- 32015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent{S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI ANDCAD (AP) WRIT PETITION NO: 10196/2015 13 Between: i.SYED iSHRAQ,, S/0 BAZEED, AGED ABOUT 50 YE S, RESIDENT OF 26-4-42, GNANOLIVE STREET, GANDHI VIJAYAWADA, KRISHNA DISTRICT A O /~\l \ ...PETITIONER AND ESTATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 2.THE DISTRICT COLLECTOR, KRISHNA AT MACHILIPATNAM 3.THE SUB COLLECTOR, VIJAYAWADA, KRISHNA DISTRICT 4.THE MANDAL REVENUE OFFICER, VIJAYAWADA URBAN, KRISHNA DISTRICT 5.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. I ) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 6.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER, HEAD QUARTERS SUB DIVISION, VIJAYAWADA" KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER, TOWN WORKS SECTION, VIJAYAWADA, KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 197.T/297 dated 4-4-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 14 300-A of the constitution of India, apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession lA NO: 1 OF 2015(WPMP 13444 OF 2015 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 stay of all further proceedings pursuant to the notice No. 197.T/297 dated 44- 2015 issued by the 9th respondent including dispossession of the petitioner in any manner whatsoever forthwith pending disposal of the above writ petition Counsel for the Petitioner: 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) WRIT PETITION NO: 10250/2015 Between: 1.SHAIK NAGOOR BASHA, S/0 LATE SHAIK SATTAR, AGED 34 YEARS, RESIDENT OF OPP. ALANKAR COMPLEX, GANDHINAGAR, VIJAYAWADA ...PETITIONER AND 1.STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 2.THE DISTRICT COLLECTOR KRISHNA AT MACHILIPATNAM, - 3.THE SUB COLLECTOR VIJAYAWADA KRISHNA DISTRICT, - 4.THE MANDAL REVENUE OFFICER, VIJAYAWADA URBAN, KRISHNA 15 DISTRICT 5.S "TA T I M I E OF ANDHRA PRADESH, REPRESENTED ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD (P.W. L.A. I ) DEPARTMENT, SECRETARIAT BUILDINGS, SAIFABAD, HYDERABAD 0\/ \ D T 6.THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, KRISHNA DISTRICT 7.THE EXECUTIVE ENGINEER, KRISHNA CENTRAL DIVISION VIJAYAWADA, KRISHNA DISTRICT 8.THE DEPUTY EXECUTIVE ENGINEER, HEAD QUARTERS SUB DIVISION, VIJAYAWADA, KRISHNA DISTRICT 9.THE ASSISTANT EXECUTIVE ENGINEER, TOWN WORKS SECTION VIJAYAWADA, KRISHNA 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 toto issue a writ order or direction more particularly one in the nature of writ of Mandamus declaring the impugned notice bearing number No. 148.T dated 27-3-2015 issued by the 9th respondent herein is arbitrary, illegal, capricious , high handed , violate the fundamental rights guaranteed to the petitioner under Articles 14, 19 (1) (g), 21 and the guarantee under Article 300-A of the constitution of India., apart from being in violation of the principles of natural justice and fair play and consequently direct the respondents herein not to interfere with the peaceful physical possession and continuous enjoyment of the petitioner in respect of the land in NTS No. 1013 of Gandhi Nagar, Vijayawada Urban, Krishna District in any manner whatsoever including dispossession lA NO: 1 OF 2015(WPMP 13506 OF 2015 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 stay of all further proceedings pursuant to the notice No. 148.T dated 27-3- 2015 issued by the 9th respondent including dispossession of the petitioner in any mariner whatsoever forthwith pending disposal of the above writ petition Counsel for the Petitioner: 16 1.YELLAPRAGADA SRINIVASA MURTHY Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) 2.GP FOR IRRI AND CAD (AP) The Court made the following: 17 t COMMON ORDER; I As all these petitions are filed challenging the proceedings dated 27.03.2015 issued by the respondents, and as the issue involved in these petitions is one and the same this Court is of the view that it is appropriate to decide all the petitions by way of a common order. Aggrieved by the action of the respondents in issuing the notice dated 2 04.04.2015 to the petitioners in W.P.Nos.10196 and 10076 of 2015 and the notice dated 27.03.2015 to the petitioners in W.P.Nos.9749, 9808, 9880 ,9858, 9968, 10103 and 10250 of 2015, through which the petitioners were directed to vacate the land in N.T.S.No.1013 of Gandhi Nagar, Vijayawada Urban, Krishna district, which is in their possession and enjoyment, the present writ petitions have been filed. The petitioners in all these writ petitions are altogether in occupation of a land to a total extent of 320 square yards (hereinafter referred to as the ‘subject property’), which is classified as’ Ryvus canal poramboke, for more than fifty years. While so, the Sub-Collector, Vijayawada, Krishna district has filed L.G.C.No.62 of 1991 under Section 8(1) of the A.P. Land Grabbing (Prohibition) Act against the petitioners and others, alleging that they have grabbed 310 square yards of land in NTS No.1013-A of Vijayawada town and sought for evacuation. 3. In the aforesaid application filed by the Sub-Collector, the respondents therein (possessors of the subject land), though have contested the matter, the Special Court, under A.P. Land Grabbing (Prohibition) Act, Hyderabad, vide order dated 24.11.1992, allowed the application by holding that the respondents therein 4. 18 are land grabbers and has directed them to remove the structures and to deliver vacant possession of the land to the Sub-Collector. Aggrieved by the said orders, the respondents therein filed W.P.No.1054 of 1993 before this Court, wherein, a Hon’bte Division Bench of this Court, passed the following order on 06.06.2000; “Keeping in view the above facts and circumstances of the case, we feel Rs.4,000/- per sq. yard would be reasonable, which can be fixed as market value of the land in dispute. Hence, this petitioner is disposed of directing the respondents to regularize the possession of the petitioners within two months from the date of this order on their paying Rs.4,000/- per sq. yard for the area in their occupation positively. The petitioners to tender market value at the rate of Rs.4,000/- per sq. yard on or before 31-8-2000 without expecting or insisting any notice from the respondent-authorities. The respondent-State shall execute a deed of regularization within two months from such payment. The measurement of the area in occupation shall be completed before the deed of regularization and that too in the presence of both the parties.” The aforesaid order has attained finality and accordingly, as the petitioners 5. were in possession of the total subject property, they paid requisite amount as directed by the Court in the aforesaid order i.e. Rs.4,000/- per square yard, by way of a demand draft in favour of Sub-Collector, Krishna District, towards market value, within the stipulated time. The grievance of the petitioners is that, despite paying the market value, the respondents have not regularized the possession of the petitioners and have not executed a deed of regularization. However, the petitioners have been in continuous possession of the said land. While the matter stood thus, the 9‘^ respondent vide notice No.140.T, dated 27.03.2015, has directed the petitioners to vacate the subject property and 6. to handover the same to Irrigation Department. Aggrieved by the said notice, the petitioners have filed the present petitions. 19 When these writ petitions came up for admission, this Court has directed 7. both the parties to maintain status quo. detailed counter affidavit stating that the extent of 310 square yards without obtaining any the corhpetent authorities. It is further stated that after available with the irrigation department, no record was amount allegedly paid by the each of the petitioners by favour of Sub-Collector, Krishna district towards market The respondents have filed a 8. petitioners have encroached an lease or permission from verification of the records found with respect to the way of a demand draft in value to the total extent of land In v^hich the petitioners have been in possession and Canals Act, 1863 (Act 35 of 1863) Part-2 and enjoyment. As per Rivers Section 69(1), no person shall erect or place within 100 feet of open canal, any other manufactory etc. As per dwelling house, camp of laborers, privy, distillery or was accorded for G,O.Ms.No.271, WR (WRG.GRC) Department, permission National waterways-4 by conducting hydro-graphic such, it would inclusion of Ryves canal into and techno-economic surveys for optimum use of waterways, as possible to lease/sale of the disputed land to the petitioner. not be the counter affidavit that as per G.O.Ms.No.101, dated 03.06.2005, the Government has the heart of the city is to be utilized for It is further stated in Irrigation and CAD(PW-LA-I)department decided that the vacant land in connectivity of roads and parks and if any previously given on long term shall be given on expiry of such lease. It is consider the proposal of the petitioners for allowing them to be In possession 9. of the irrigation land which was lease to private individual, no further extension further stated that it is not possible to of 20 the land located on the right bank of Ryves canal in NTS No.1013-A of Vijayawada urban. As such, requested to dismiss the present petition. 10. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation. Admittedly, the petitioners are in possession and enjoyment of a land to a 11. total extent of 310 square yards, which is classified as Ryvus canal poramboke, since time immemorial. The fact whether the petitioners have paid requisite fee by way of a demand draft in favour of Sub-Collector, Krishna district towards market value to the total extent of 310 square yards of land in which the petitioners have been in possession and enjoyment is not in dispute, but, when the petitioners have been in possession of the subject land for over 50 years, the respondents, ought to have followed the principles of natural justice. When the petitioners are in settled possession and enjoyment of the property, they cannot be dispossessed, without following due process of law as per the law declared by the Apex Court in Rame Gowda (dead) by L.R.s. v. M. Varadappa Naidu (Dead) by L.Rs\ In view of the above detailed order, W.P.Nos.9749, 9808, 9880, 9958, 13. 9968, 10076, 10103, 10196, 10250 of 2015 are liable to be disposed of. Accordingly, W.P.Nos.9749, 9808, 9880, 9958, 9968, 10076, 10103, 14. 10196, 10250 of 2015 are disposed of by directing the respondent authorities not to interfere with the petitioners’ peaceful possession and continuous enjoyment of the land to a total extent of 310 squ^e yards in NTS No. 1013 of ' 2004 (1) see 769 21 Gandhi Nagar, Vijayawada urban, Krishna district, without following due process of law and without the adhering to the principles of natural justice. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/- B PRASADA RAQ ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur. 2. The District Collector, Krishna at Machilipatnam 3. The Sub Collector, Vijayawada, Krishna District 4. The Mandal Revenue Officer, Vijayawada Urban, Krishna District 5. The Principal Secretary, Irrigation and CAD (P.W. L.A. I) Department, State of Andhra Pradesh, Secretariat Buildings, Amaravathi, Guntur. 6. The Superintendent Engineer, Irrigation Circle, Vijayawada, Krishna District 7. The Executive Engineer, Krishna Central Division, Vijayawada, Krishna District 8. The Deputy Executive Engineer, Head Quarters Sub Division, Vijayawada, Krishna District 9. The Assistant Executive Engineer, Town Works Section, Vijayawada, Krishna District One CC to Sri. Yellapragada Srinivasa Murthy Advocate [OPUC; Two CCs to GP for Revenue, High Court of Andhra Pradesh 10. 11. [OUT Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] Two CD Copies 12. 13. GSC HIGH COURT DATED:13/08/2025 COMMON ORDER WP NOS: 9749, 9808, 9880, 9958, 9968, 10076, 10103, 10196 AND 10250 OF 2015 5 II SEP 2025 I ^ Current Section DISPOSING THE WPS WITHOUT COSTS