IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 951 OF 2025 Between: Swathi Educational Society, (Regn.No.255. dt.20.8.2009) Nagari Road, Near Parameswara Mangalam, Puttur Mandal, Tiruapti District Rep. by its Secretary and Correspondent, K.T. Prasad, S/o. K. Munaswamy Reddy, Aged 58 years, R/o. D.No.3-28, Kapu Street, Puttur, Tirupati District-517 583. ...Petitioner AND The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resource (Minor Irrigation) Department, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District The Executive Engineer, Irrigation Division, Water Resources Department, Tirupati The Deputy Executive Engineer, Irrigation Sub-Division, Puttur, Tirupati District The Assistant Executive Engineer, Irrigation Section, Water Resource Department, Puttur, Tirupati District The Kanakampalem Gram Panchayat, Rep. by its Panchayat Secretary Puttur Mandal, Tirupati District 1. 2. 3. 4. 5. ...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 Notice, dt.29.11.2024 of the 4th Respondent proposing to cause the demolition of the compound wall and building of the Petitioner Colleges situated in Sy.Nos.57-1, 59-3, 59-4, 59-5, 59-6, 59-8, 59-9, 59-10, 59-11, 59-12, 59-13, 59-13A, 60-1, 60-3, 60-5, 60-6 and 60-14 of Vepagunta Revenue Village, Kanakampalem Gram Panchayat, Puttur Mandal, Tirupati District as illegal, irregular, arbitrary unitravires, unjustified and unsustainable and set-aside the lA NO: 1 OF 2n?fi unwarranted. same. 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 take pursuance of Notice, dt.29.11.2024 of the 4*' Respondent demolition of the compound wall and building of the Petitioner situated in Sy.Nos.57-1, 59-3, 59- 4, 59-5, 59-6, 59-8, 59-9, 59-10, 59-11, 59-12, 59-13, 59-13A, 60-1, 60-3, 60- 5, 60-6 and 60-14 of Vepagunta Revenue Village, Kanakampalem Gram Panchayat, Puttur Mandal District. any coercive steps in in respect of Colleges Tirupati Counsel for the Petitioner: SRI T JANARDHAN RAO Counsel for the Respondents: GP FOR IRRIGATION & CAD The Court made the following order: APHC010018002025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 0E0 [3311] FRIDAY ,THE TENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 951/2025 Between: Swathi Educational Society, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.T JANARDHAN RAO Counsel for the Respondent(S): 1.GP FOR IRRIGATION COMM AREA DEV The Court made the following: ORDER: This Writ Petition under Article 226 of Constitution of India is filed for the following relief; to issue a writ order or direction more particularly one in the nature of Writ of Mandamus declaring the Notice, dt.29.11.2024 of the Respondent proposing to cause the demolition of the compound wall and building of the Petitioner Colleges situated in Sy.Nos.57-1, 59-3, 59-4, 59-5, 59-6, 59-8, 59-9, 59-10, 59-11, 59-12, 59-13, 59-13A, 60-1, 60-3, 60-5, 60-6, and 60-14 of Vepagunta Revenue Village, 2 W.P.No.951 of 20 Kanakampalem Gram Panchayat, Puttur Mandal, Timpati District as illegal, irregular, arbitrary, unwarranted, unitravires, unjustified and unsustainable and set aside the same...” The learned. Senior Counsel for the petitioner vehemently contends that the issuing authority is incompetent to take any action or issue notice. He further submitted that it is not first time that such action proposed as mentioned in the writ petition, attempts were made several times and the petitioner had repeatedly submitted explanation basing on which, no further action had been initiated. 2. 3. The learned Assistant Government Pleader for Civil Supplies placed on record the written instructions which read as follows: 1. Vide para 6 of affidavit it is mentioned as below “Being satisfied with the documents and records produced by us, the Tahsildar, Puttur had dropped further proceedings and he informed the same to the concerned authorities including the respondents No.2 to 4 herein”. As per the records available in this office, there is no such information from the Revenue Department to this Department stating that there is encroachments by the Portioner. The 4'*^ respondent has not passed any order to demolish the structures, but issued a simple notice to produce relevant documents showing the permissions from the departments. 2. 3. The petitioner vide his letter Dt.07.12.2024 sought one month time to produce the relevant approvals and documents. 4. Instead of producing the relevant documents to the 4"^ respondent, he has approached court of law unnecessarily. 3 BSB,J W.P.No.951 of 2025 Being, the structure is adjacent to the water body, the petitioner had to take NO OBJECTION CERTIFICATE from the Water Resources Department for approval of building constructions. But, the petitioner has not produced any such certificate. 5. The learned Assistant Government Pleader has also conceded that as per law it is the gram panchayat or the revenue authorities, as the case may be, as per the area, has authority to remove the encroachment or demolish the illegal construction. 4. In view of the above noted incapacity, the Assistant Executive Engineer, Irrigation Section, Puttur issued impugned notice on 29.11.2024 is unsustainable. 5. The writ petition is disposed of setting aside the said notice, however, giving liberty to the authorities to take appropriate action as per law, if necessary. 6. There shall be no orders as to costs. As a sequel thereto, the miscellaneous petitions, if any, pending in this writ petition shall stand closed. Sd/-K.SR1N1VASA RAJU assistant R “GISTRAR /Lectio //TRUE COPY// OFFICER To, The Principal Secretary, Water Resource (Minor Irrigation) Department, State of Andhra Pradesh, A.P. Secretariat at Velagapudi, Amaravathi, Guntur District. The Executive Engineer, Irrigation Division, Water Resources Department, Tirupati. The Deputy Executive Engineer, Irrigation Sub-Division, Puttur, Tirupati District. The Assistant Executive Engineer, Irrigation Section, Water Resource Department, Puttur, Tirupati District. The Panchayat Secretary, Kanakampalem Gram Panchayat, Puttur Mandal, Tirupati District. One CC to Sri T Janardhan Rao, Advocate [OPUC] Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT] Two CD Copies 1. 2. 3. 4. 5. 6. 7. 8. RAM HIGH COURT DATED:10/01/2025 ORDER OF ANOf^ WP.No.951 of 2025 5 2 3 JAN 2025 ^ . Current Section DISPOSING OF THE WP WITHOUT COSTS