APHC010064842023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3200/2023 Between: 1. CHEBOLU NOOKARAJU, S/O. MUSILAMMA, AGED 68 YEARS, OCC. AGRICULTURE, R/O. H.NO. 5-222, VOMMAVARAM VILLAGE, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. 2. CHEBOLU NOOKARAJU,, S/O. GANGARAJU, AGED 65 YEARS, OCC. AGRICULTURE, RIO. H.NO. 5-181, VOMMAVARAM VILLAGE, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES (IRRIGATION AND CAD) DEPARTMENT, SECRETARIAT BUILDINGS,VELAGAPUDI, THULLUR MANDAL, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, , ANAKAPALLI DISTRICT, ANAKAPALLI. 3. THE DISTRICT PANCHAYAT OFFICER, ANAKAPALLI DISTRICT, ANAKAPALLI. 4. THE DIVISIONAL PANCHAYAT OFFICER, ANAKAPALLI DIVISION, ANAKAPALLI, ANAKAPALLI DISTRICT. 5. EXECUTIVE ENGINEER, , IRRIGATION DIVISION, NARSIPATNAM, ANAKAPALLI DISTRICT. VS,J W.P No.3200 of 2023 2 6. THE DEPUTY EXECUTIVE ENGINEER, NARSIPATNAM IRRIGATION SUB-DIVISION, NARSIPATNAM, ANAKAPALLI DISTRICT. 7. THE ASSISTANT EXECUTIVE ENGINEER, KOTHAKOTA SECTION, IRRIGATION DEPARTMENT, KOTHAKOTA, ANAKAPALLI DISTRICT. 8. THE TAHSILDAR, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. 9. THE EXTENSION OFFICER PR AND RD, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. 10. THE GRAM PANCHAYAT VOMMAVARAM, REP. BY ITS PANCHAYAT SECRETARY, VOMMAVARAM VILLAGE, RAVIKAMATHAM MANDAL, ANAKAPALLI DISTRICT. RESPONDENTS ...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 issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents in initiating steps to remove nearly 400 Jamun (Neredu) trees in the Irrigation tank in R.S.No. 464 to an extent of Ac. 13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District in the name of conducting auction as illegal, arbitrary unconstitutional and violative of Art 14, 19, 21 and 300-A of Constitution of India and Principles of Natural justice and consequently direct the authorities to protect 400 Neredu trees in the irrigation tank in R.S.No. 464 to an extent of Ac. 13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District and 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 to direct the respondents not to remove/cut the Neredu trees in the Irrigation tank in R.S.No. 464 to an extent of Ac. 13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District and pass VS,J W.P No.3200 of 2023 3 IA NO: 2 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 to permit the implead the petitioner as 11th respondent in the above writ petition IA NO: 1 OF 2025 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 the interim order dated 15.02.2023 in WP.No.3200 of 2023 and to dismiss the Writ Petition IA NO: 2 OF 2025 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 may be pleased to grant leave to file counter to the Implead Petition in I.A.No.2 of 2023 in WP.No.3200 of 2023 and pass Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR IRRIGATION COMM AREA DEV VS,J W.P No.3200 of 2023 4 The Court made the following Order: The present writ petition came to be 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 WRIT OF MANDAMUS declaring the action of the respondents in initiating steps to remove nearly 400 Jamun (Neredu) trees in the Irrigation tank in R.S.No.464 to an extent of Ac.13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District in the name of conducting auction as illegal, arbitrary unconstitutional and violative of Article 14, 19, 21 and 300-A of Constitution of India and Principles of Natural justice and consequently direct the authorities to protect 400 Neredu trees in the irrigation tank in R.S.No.464 to an extent of Ac.13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District and pass such other order or orders...= 2. The petitioners are small farmers/agriculturists having properties in various survey numbers in Vommivaram Village, Ravikamatham Mandal, Anakapalli District and they are in possession and enjoyment of the said land and eking livelihood by doing cultivation activities. There is existing irrigation tank in R.S No.464 to an extent of Ac.13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District, the said tank is popularly known as <Sarat Chandra Tank=. The ayucutdars of the said village are getting water from this irrigation tank for carrying out agricultural activities. 3. The case of the petitioners is that there are nearly 400 existing Java Plum trees (Neredu) in the middle of the tank, which are 35-40 years old. When the respondent authorities are trying to conduct auction for removal of these Neredu trees, all the villagers/ayucutdars submitted a representation to the authorities. In pursuance of which the respondent No.7 addressed a letter VS,J W.P No.3200 of 2023 5 vide Lr.No.7 KKT dated 29.03.2022 to the respondent No.6 informing him that the ayucutdars are objecting auction of the trees and requested to take necessary action to resolve the issue. Thereafter, the authorities did not initiated any auction. 4. While the things stood thus, the Irrigation, Revenue and Gram Panchayat authorities came to the said tank on 06.02.2023 with bull dozer, proclainer and JCB and tried to cut the trees with the help of the machinery and tired to remove the Neredu trees. Challenging which, the present writ petition is filed. 5. When the matter came up <for Admission= on 15.02.2023, this Court passed the following interim order:- <…In the meanwhile, no tree shall be cut in the irrigation tank in R.S.No.464 of Vommivaram Village, Ravikamatham Mandal, Anakapalli District, for a period of one (01) week.= Thereafter, on 16.02.2023, the interim orders were extended until further orders. 6. On perusal of the petitioners’ affidavit, it is clear that 400 trees are in the middle of the tank, which are aged about 35-40 years and in such a case, the respondents ought to have followed the procedure laid down under WALTA Act, 2002, for removing those trees, but instead of following the said procedure, the respondents are bent upon to auction the trees for the purpose of cutting them. VS,J W.P No.3200 of 2023 6 7. In view the above, this Court is of the opinion that, instead of keeping the writ petition, feels it appropriate to direct the respondents not to cut the trees existing in the irrigation tank in R.S No.464 to an extent of Ac.13-30 cents situated at Vommivaram Village, Ravikamatham Mandal, Anakapalli District, without following the procedure contemplated under WALTA Act, 2002. 8. With the above direction, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:24.09.2025 Ksj