APHC010564352023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29148/2023 Between: 1. D SURYA KUMARI, W/O LATE D. RAMAKRISHNA, AGED ABOUT 46 YEARS, OCC. HOUSE WIFE, R/O. 5-84/1, KAKINADA ROAD, Z. RAGAMPETA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP., BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, VELAGAPUDI SECRETARIAT BUILDING, AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. EXECUTIVE ENGINEER, PUSHKARA MAIN CANAL, PIPLMC, SUB-DIVISION-4 (PUSHKARA AND POLAVARAM LEFT MAIN CANAL, Z. RAGAMPETA, EAST GODAVARI DISTRICT. 3. DEPUTY EXECUTIVE ENGINEER, PUSHKARA MAIN CANAL, PIPLMC, SUB-DIVISION-4 (PUSHKARA AND POLAVARAM LEFT MAIN CANAL, Z. RAGAMPETA, EAST GODAVARI DISTRICT. 2 VS,J W.P.NO.29148 OF 2023 4. THE ASSISTANT EXECUTIVE ENGINEER, PUSHKARA MAIN CANAL, PIPLMC, SUB-DIVISION-4, Z. RAGAMPETA, 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 topleased to issue a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the high handed action of the respondents 2 to 4 in attempting to demolish the part of building of the petitioner situated at Door No. 5-84/1, in an extent of 293 Sq. yards Survey No. 169/3 Z. Ragampeta Village, Neeladhriraopeta Gram Panchayat, Gandepalli Mandal, East Godavari District without following due process of law, is illegal, arbitrary and unconstitutional and against to the principles of natural justice and contrary to the Control Orders and consequently set aside the same and to pass IA NO: 1 OF 2023 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 direct the respondents 2 to 4 not to demolish the petitioners part of building situated at Door No. 5-84/1, in an extent of 293 Sq. yards Survey No. 169/3 Z. Ragampeta Village, Neeladhriraopeta Gram Panchayat, Gandepalli Mandal, East Godavari District, pending disposal of the writ petition and pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.NO.29148 OF 2023 The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <...to issue a writ or order more particularly one in the nature of writ of mandamus or an appropriate writ or order declaring the high handed action of the respondents 2 to 4 in attempting to demolish the part of building of the petitioner situated at Door No. 5-84/1, in an extent of 293 Sq.yards Survey No.169/3 Z.Ragampeta Village, Neeladhriraopeta Gram Panchayat, Gandepalli Mandal, East Godavari District without following due process of law, is illegal, arbitrary and unconstitutional and against to the principles of natural justice and contrary to the Control Orders and consequently set aside the same....= 2. The petitioner herein is the absolute owner and possessor of the building property, having purchased the same under a registered sale deed dated 05.06.2007, vide document No.1331 by way of petitioner’s husband, to an extent of 293 Sq.yards in Sy.No.169/3 of Z.Ragampet Village, Neladhirapeta Gram Panchayat, Gandepalli Mandal, East Godavari District. The petitioner’s land is situated about 100 feet away from the canal, with several houses lying between the petitioner’s land and the said canal. 4 VS,J W.P.NO.29148 OF 2023 3. During the lifetime of the petitioner’s husband, while he had started the construction of the building on the site in the year 2020. The 2nd respondent issued a notice dated 08.05.2020 Directing the petitioner’s husband to remove the building which was under construction, alleging that 87 Sq. Yards of the canal land had been encroached upon. The 2nd respondent alleged that the construction was being carried out over this encroached portion. Challenging the said action of the 2nd respondent in issuing the said notice even without conducting any survey in the presence of the petitioner’s husband was constrained to file W.P.No.9795 of 2020. Pending the said writ petition, the petitioner’s husband died on 02.05.2021. Thereafter, the said writ petition was disposed of vide order dated 11.08.2023 which reads as follows:- <Having regard to the submissions made by the learned counsel for both the parties, it settled principle of law, if the respondents intend to interfere and to remove the structure of the petitioner’s property; they are under the obligation to follow due process of law as contemplated under the law. Therefore, the respondents are specifically directed if there is any proposal for demolition of building structure of the petitioner, they shall follow the due process as contemplated under the law.= 4. The grievance of the petitioner in the present case is that, in spite of the same, the respondent Nos.2 to 4 are sending their staff to the petitioner’s house and directing her to initiate steps to 5 VS,J W.P.NO.29148 OF 2023 demolish the part of the building alleged to be encroached on the canal land. Consequently, the petitioner submitted a detailed representation on 27.10.2023 to the 3rd respondent, requesting to conduct a survey in her presence based on the registered documents under which she became the absolute owner of the property. The petitioner contends that, even without conducting any such survey to ascertain whether and to how much extent was encroached by the petitioner, the respondents are interfering with her possession and are threatening to demolish part of the building situated at Door No.5-84/1, over an extent of 293 Sq. Yards in Sy.No.169/3 of Z. Ragampet Village, Neladhirapeta Gram Panchayat, Gandepalli Mandal, East Godavari District. Aggrieved by such actions, the present writ petition has been filed. 5. Heard learned counsel for the petitioner and learned Assistant Government Pleader for Civil Supplies. 6. On perusal of the earlier order passed by this Court in W.P. No.9795 of 2020, filed by the petitioner’s husband during his lifetime, it is evident that the respondents were specifically directed not to interfere with the petitioner’s possession without following due process of law. However, despite the order dated 6 VS,J W.P.NO.29148 OF 2023 11.08.2023, even without issuing any specific notice or conducting any survey as requested by the petitioner, respondent Nos. 2 to 4 are interfering with her possession. 7. In view of these disputed facts, and instead of going into merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondent Nos.2 to 4 to conduct a detailed survey with the assistance of the Mandal Surveryor, after duly issuing a notice to the petitioner and after verifying the registered sale deed under which the petitioner is claiming title over the said property after giving an opportunity of hearing to the petitioner at the time of enquiry. The entire process of conducting the survey shall be completed within a period of two (02) months from the date of receipt of a copy of this order. 8. Accordingly, the writ petition is disposed of. No costs. Miscellaneous petitions pending, if any, in this petition shall stand closed. ___________________ JUSTICE V.SUJATHA 15.10.2025 LSP 7 VS,J W.P.NO.29148 OF 2023 262 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29148/2023 15.10.2025 LSP