IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY. THE TENTH DAY OF APRIL u- TWO THOUSAND AND TWENTY FIVE vX PRESENT THE HONOURABLE SMT. JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28521 OF 2024 Between: B. Venkata Satyanarayana, S/o.B.Papa Rao, Aged 71 years, Occ: Retd.Service R/o.Flat No.203, CG Heights, Ramanagar Beside Swarna Plaza, Srinagar, Gajuwaka Visakhapatnam, Visakhapatnam District Andhra Pradesh. ...PETITIONER AND The State of Andhra Pradesh, Rep.by its Principal Secretary Irrig^ion and CAD Department, A.P. Secretariat, Velagapudi, Amaravati, Guntur District. The Superintending Endneer, YRC Circle, Tuni, East Godavari District Andhra Pradesh. ^ The Executive Engineer, YRC Division, Eleswaram, E.G.District Andhra Pradesh The Deputy Executive Engineer, YRC Sub.Division No.4, Visakhapatnam Visakhapatnam District, AP The Tahsildar, Gajuwaka Mandal, Visakhapatnam District Andhra Pradesh. 1. 2. 3. 4. 5. ...respoWents 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 a writ of mandamus declaring the action of the respondents 2 to 4 in interfering with petitioners possession and enjoyment of the land to an extent of Ac.0.11 cents in R.S.No.108/2A and an extent of 87.4 Sq.Yards in R.S.No. Kurmannapalem Village of Gajuwaka Mandal, Visakhapatnam District without conducting survey as proposed and making Jiecyc^efforts to dispossess him from the said land without any manner of figj^'of authority and without due process of law as highly illegal, arbitrary, violatiye i-of principles of natural justice and also violative of Art. 19 and •> ■■ 3.00-A of the Constitution of India and consequently direct the respondents 2 to 4 fiot to interfere with petitioners possession and enjoyment of the said land including the constructions being made. v£ lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents 2 to 4 not to interfere with petitioners possession and enjoyment of the site to an extent of Ac.O.Vl cents in R.S.No.10^2A and an extent of 87.4^q.yards in R.S.No. 105/5 of Kurmannapalem Village, Gajuwaka Mandal, Visakhapatnam District, AP pending disposal of the above writ petition. Counsel for the Petitioner : SRI YASWANTH GADE Counsel for the Respondent Nos.1 to 4 : GP FOR IRRIGATION AND COMMAND AREA DEVELOPMENT ix- Counsel for the Respondent No.5 : GP FOR REVENUE The Court made the following: ORDER THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 28521/2024 Between: B. Venkata Satyanarayana ...PETITIONER AND The State of Andhra Pradesh and others Counsel for the Petitioner: ...RESPONDENT(S) 1.G. YASWANTH Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD 2.GP FOR FINANCE PLANNING The Court made the following: ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “...to issue a writ order or direction more particularly one in the nature of a writ of mandamus declaring the action of the respondents 2 to 4 in interfering with petitioners possession and enjoyment of the land to an extent of Ac.0.11 cents in R.S.No. 108/2A and an extent of 87.4 Sq. Yards in R.S.No. 105/5 of Kurmannapalem Village Gajuwaka Mandal Visakhapatnam District without conducting survey as proposed and making hectic efforts to dispossess him from the said land without any manner of right or authority and without due process of law as highly illegal arbitrary violative of principles of natural justice and also violative of Art 19 and 300A of the Constitution of India and consequently direct the respondents 2 to 4 not to interfere with petitioners possession and enjoyment of the said land including the constructions being made and pass such other order or orders may deem fit and proper in the circumstances of the case. ” I 2 2. The petitioner is the absolute owner and possessor of lands to an extent of Ac.0.11 cents in R.S.No.108/2A and 87.4 sq. yards in R.S.No. 105/5 of Kurmannapalem Village, Gajuwaka Visakhapatnam District. As the respondents are trying to interfere with the petitioner’s land without following due procedure, the writ petition is filed before this Court. 3. During the course of hearing, learned counsel for the petitioner has brought to the notice of this Court that the 4‘^ respondent/Deputy Executive Engineer respondent/Tahsildar on 06.11.2021 to conduct survey for fixing canal boundaries near the Raiwada canal of Kuramannapalem Village of Gajuwaka Mandal, but no action has been taken by the respondents till today. Mandal, has addressed a letter to the 5 th In view of the same, without going into merits of the case, the Writ Petition is disposed of by directing the respondents not to interfere with the possession of petitioner’s lands to an extent of Ac.0.11 cents in R.S.No. 108/2A and 87.4 sq. yards in R.S.No. 105/5 of Kurmannapalem Village, Gajuwaka Mandal, Visakhapatnam District, except by following due process of law. There shall be no order as to 4. costs. As a sequel, miscellaneous petitions pending, if any, shall stand closed. //TRUE COPY// Sd/- M. PRABHAKAR RAO ASSISTANT REGISTRAR p it' SECTION OFFICER To, ^ CAD Department, State of Dis^ric? Secretariat, Velagapudi, Amaravati, Guntur .'f 2. The Superintending Engineer, YRC Circle ■ Andhra Pradesh. ^ 3. The Executive Engineer, YRC Division, Elesw^am, E.G.District Andhra Pradesh 4. The Deputy Executive Engineer, YRC Sub.Division No.4 Visakhapatnam Visakhapatnam District, AP 5. The Tahsildar, G^uwaka Ma^idal, Visakhapatnam District Andhra Pradesh. v,./ 6. One CC to Sri Yaswanth Gade,Advocate [OPUC] 7. Two CCs to GP for Irrigation ancKfommand Area Development, High Court of Andhra Pradesh. [OUT]^ 8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 9. Three C.D. Copies. ^ Tuni, East Godavari District -/ Cnr HIGH COURT DATED:10/04/2025 ORDER WP.No.28521 of 2024 * 20 MAY 2025 ^ ^ . Current secuon ^ 2P DISPOSING OF THE W.P. WITHOUT COSTS