1 APHC010803892015 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 41012/2015 Between: 1. A.ROOP KUMAR, S/O.LATE A.DAMODAR RAO,, OCC: BUSINESS, PROPRIETOR OF M/S DHANALAKSHMI SLABS COMPANY, R/OVIJAYWADA, KRISHNA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH REP BY ITS, PRL. SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD. 2. THE CHIEF ENGINEER MAJOR IRRIGATION, (IRRIGATION AND CAD DEPARTMENT), ERRAMANJIL, HYDERABAD. 3. THE ASSISTANT EXECUTIVE ENGINEER, TOWN WORK 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 an order, direction in the nature of Wirt of Mandamus to declare the action of Respondents in issuing the Notice/Order in 127, dated 27-03-2015( served in November 2015) asking the petitioner to vacate the land in NTS No.618 to an extent of 750 Sq.yds of Pumandampeta, Vijayawada Town, Krishna District as illegal irregular, arbitrary, unconstitutional and against the principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of Constitution of India consequently set aside 2 the Notice/Order in 127, dated 27-03-2015( served in November 2015) while declaring that the respondent authorities can not issue such notice without finalizing the issue of sale pending with the officers or fixing and receiving fair rent regarding the land in NTS No.618 to an extent of 750 Sq.yds of Pumandampeta, Vijayawada Town, Krishna District IA NO: 1 OF 2015(WPMP 52934 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 suspend the proceedings No.127, dated 27-03-2015 ( served November 2015 ) by directing the Respondents not to disturb the possession and enjoyment of the petitioner of land , site i.e., NTS No.618 to an extent of 750 Sq.yds of Purnandampeta, Vijayawada Town, Krishna District pending disposal of the Writ Petition IA NO: 1 OF 2016(WVMP 2006 OF 2016 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 vacate the interim order dt 17.12.2015 passed in WPMP No.52934/2015 in W.P.No.41012/2015 and dismiss the writ petition as there are no merits in it and pass Counsel for the Petitioner: 1. K S MURTHY Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD (AP) The Court made the following: 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an order, direction in the nature of Wirt of Mandamus to declare the action of Respondents in issuing the Notice/Order in 127, dated 27-03-2015( served in November 2015) asking the petitioner to vacate the land in NTS No.618 to an extent of 750 Sq.yds of Pumandampeta, Vijayawada Town, Krishna District as illegal irregular, arbitrary, unconstitutional and against the principles of natural justice and in violation of Articles 14, 19, 21 and 300-A of Constitution of India consequently set aside the Notice/Order in 127, dated 27-03-2015( served in November 2015) while declaring that the respondent authorities can not issue such notice without finalizing the issue of sale pending with the officers or fixing and receiving fair rent regarding the land in NTS No.618 to an extent of 750 Sq.yds of Pumandampeta, Vijayawada Town, Krishna District….” 2. Aggrieved by the action of the respondents in issuing the notice bearing No.127.T, dated 27.03.2015 wherein the petitioner was directed to vacate the land in N.T.S.No.618, to an extent of 750 square yards of Pumandampeta, Vijayawada town, Krishna District, which is in his possession and enjoyment, the present writ petition is filed. 3. Brief facts of the case are that in the year 1949, the grandfather (Kutumbarao) of the petitioner took a land, to an extent of 750 square yards in N.T.S.618, Purnandampet, Vijayawada, for lease from Irrigation Department. The Government, vide G.O.Ms.No.508, dated 20.10.1995 and vide a memo No.1340AA/LAQ/97, dated 03.03.1997 has proposed to sell the land in question. Then, the lessees made representations to the Superintending Engineer, Irrigation Circle, Vijayawada expressing their willingness to purchase the said 4 lands which are in their possession for the last six decades at market rate. Basing on the said representation, vide proceedings dated 19.09.1997, the Superintending Engineer sent proposals to Chief Engineer, Irrigation department stating that the irrigation department has no objection to sell the said lands. For assessment of market price, the matter was referred to the District Collector, who after obtaining reports from the concerned officials, recommended the market value at Rs.3,600/- per square yard. Subsequently, the petitioner submitted a representation to the respondent to regularize the possession of the petitioner, considering which, the respondents proposed to regularize the petitioner’s possession. Pending the same, when the Commissioner has issued a notice to the petitioner directing him to vacate the subject land, the petitioner filed W.P.No.15734 of 2003, in which, vide order dated 18.06.2014, this Court set the respondents at liberty to take appropriate action in accordance with law. 4. In the month of November, 2015, the impugned notice dated 27.03.2015 was served on the petitioner directing him to vacate the subject land and hand over the same to the Irrigation department. Aggrieved by the same, the petitioner has filed the present writ petition. 5. When the writ petition came up for admission on 17.12.2015, this Court has suspended the operation of the proceedings No.127, dated 27.03.2015 by directing the respondents not to disturb the possession and enjoyment of the petitioner over the land to an extent of 750 square yards in NTS No.618, Purnandampeta, Vijayawada town, Krishna District, pending disposal of the present petition. 5 6. The 3rd respondent has filed a detailed counter affidavit denying the contentions raised by the petitioner and further stated that the subject land situated on the left bank of Eluru Canal Bund in NTS.No.618, Purnandampet, Vijayawada was leased to one Kutumba Rao (grandfather of the petitioner) by the then Superintending Engineer, Irrigation, Vijayawada for a period of one year and the same expired on 31.03.1966 and thereafter, the said lease was not renewed. It is further stated that the subject land belongs to Irrigation department and in the year 1991, the proposals for sale of the said land were submitted to the Chief Engineer, Major Irrigation and C.A.D., Department in favour of one K. Srinivasa Rao, Bezawada stone supplies company, Vijayawada in N.T.S.No.618 to an extent of 1200 square yards, but not to the petitioner or his grandfather. The impugned notice dated 27.03.2015 was issued to the petitioner with a direction to vacate the subject land as it is required for department in the interest of public for modernization of Ryves canal. As such, requested this Court to dismiss the present writ petition by vacating the interim order granted earlier. 7. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 8. Admittedly, the petitioner is in possession and enjoyment of a land to a total extent of 750 square yards, which is classified as Ryvus canal poramboke, since time immemorial. When the petitioner has been in possession of the subject land for over 50 years, the respondents, ought to have followed the principles of natural justice. When the petitioner is in settled possession and enjoyment of the property, he cannot be dispossessed, without following due 6 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.Rs1. 9. For the aforesaid reasons, this writ petition is disposed of by directing the respondent authorities not to interfere with the petitioner’s peaceful possession and continuous enjoyment of the land to an extent of 750 square yards in NTS No.618 of 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. ____________________ JUSTICE V.SUJATHA Date :13.08.2025. Gss 12004 (1) SCC 769