APHC010186292021 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9956/2021 Between: 1. E. NARAYANAPPA,, S/O. YELLANAGOUDA, AGED ABOUT 62 YEARS, 2. E. BHEEMALINGANA GOUDA,, SILO. MOHANA GOUDA, AGED ABOUT 37 YEARS. 3. E. THIMMAPPA, S/O. E.SATYANARAYANA SWAMY, AGED ABOUT 63 YEARS. 4. E. RAMAPPA,, S/O. E.SATYANARAYANA SWAMY, YEARS. 1. HE STATE OF ANDHRA PRADESH, T REP. BY ITS CHIEF SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, VEDAVATI RIVER LIFT IRRIGATION PROJECT, JALVIHAR, RAILWAY STATION ROAD, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9956/2021 E. NARAYANAPPA,, S/O. YELLANAGOUDA, AGED ABOUT 62 E. BHEEMALINGANA GOUDA,, SILO. MOHANA GOUDA, AGED ABOUT 37 YEARS. E. THIMMAPPA, S/O. E.SATYANARAYANA SWAMY, AGED ABOUT E. RAMAPPA,, S/O. E.SATYANARAYANA SWAMY, AGED ABOUT 65 ...PETITIONER(S) AND HE STATE OF ANDHRA PRADESH, T REP. BY ITS CHIEF SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT (IRRIGATION DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, VEDAVATI RIVER LIFT IRRIGATION PROJECT, JALVIHAR, RAILWAY STATION ROAD, KURNOOL, KURNOOL DISTRICT, DHRA PRADESH. IN THE HIGH COURT OF ANDHRA PRADESH [3333] THE TWENTY THIRD DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA E. NARAYANAPPA,, S/O. YELLANAGOUDA, AGED ABOUT 62 E. BHEEMALINGANA GOUDA,, SILO. MOHANA GOUDA, AGED E. THIMMAPPA, S/O. E.SATYANARAYANA SWAMY, AGED ABOUT AGED ABOUT 65 ...PETITIONER(S) HE STATE OF ANDHRA PRADESH, T REP. BY ITS CHIEF SECRETARY, SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT (IRRIGATION DEPARTMENT), SECRETARIAT BUILDINGS, VELAGAPUDI, THE CHIEF ENGINEER, WATER RESOURCES DEPARTMENT, VEDAVATI RIVER LIFT IRRIGATION PROJECT, JALVIHAR, RAILWAY STATION ROAD, KURNOOL, KURNOOL DISTRICT, 2 VS,J W.P.No.9956 of 2021 4. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, VEDAVATI RIVER LIFT IRRIGATION PROJECT, JALVIHAR, RAILWAY STATION ROAD, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH. 5. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL. 6. THE ASSISTANT DIRECTOR, OF MINES AND GEOLOGY, KURNOOL, KURNOOL 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, Order or Direction, more particularly one in the nature of Writ of Mandamus, declaring action of the respondents in seeking to construct Pump House and buildings for Lift Irrigation Project in petitioners' private patta land situated in Sy.No.140-B admeasuring Ac.26.00 Cents of Amruthapuram Village, Halaharvi Mandal, Kurnool District and trying to change the nature of the said land by dispossessing the petitioners from the said land, as arbitrary, illegal, unjust, failure to exercise power, violative of the Fundamental Rights guaranteed under Articles 14, 19, 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the said land IA NO: 1 OF 2021 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 not to interfere with the peaceful possession of the petitioners over their private patta land situated in Sy.No.140-B admeasuring Ac.26.00 Cents of Amruthapuram Village, Halaharvi Mandal, Kurnool District, in any manner whatsoever, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1. C V R RUDRA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 3 VS,J W.P.No.9956 of 2021 2. GP FOR IRRIGATION COMM AREA DEV 3. GP FOR MINES AND GEOLOGY 4 VS,J W.P.No.9956 of 2021 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 action of the respondents in seeking to construct Pump House and buildings for Lift Irrigation Project in petitioners’ private patta land situated in Sy.No.140-B admeasuring Ac.26.00 Cents of Amruthapuram Village, Halaharvi Mandal, Kurnool District, and trying to change the nature of the said land by dispossessing the petitioners from the said land, as arbitrary, illegal, unjust, failure to exercise power, violative of the Fundamental Rights guaranteed under Articles 14, 19, 21 and the Constitutional Right guaranteed under Article 300-A of the Constitution of India and consequently direct the Respondents not to interfere with the peaceful possession and enjoyment of the petitioners over the said land and to pass such other order or orders ….” 2. When the writ petition came up for admission on 18.05.2021, this Court was pleased to pass the following interim direction: It is the case of the petitioners that the respondent authorities are trying to dispossess them from the land admeasuring Ac. 26.00 cents situated in Sy.No.140-B of Amruthapuram Village, Halaharvi Mandal, Kurnool District, without following the due process of law. Learned Assistant Government Pleader for Revenue as well as learned Government Pleader for Irrigation submits that a preliminary notification was issued on 28.04.2021 for acquiring certain lands for the purpose of Vedavati River Lift Irrigation Project and also for construction of a pump house. It is the case of the respondents that huge extent of land is required for the said project and any effort made by them for dispossession or acquisition would only be in accordance with law. Apart from that, it is also submitted by learned Assistant Government Pleader for Revenue that a representation/complaint made by the petitioners expressing their grievance with regard to the acts of the respondents, which shall be taken into account by the respondents. 5 VS,J W.P.No.9956 of 2021 It is made clear that any action of dispossession shall be in accordance with law. 3. The respondent Nos.2 to 4 filed a counter, duly stating that the land acquisition for pump house-1 and approach channel-1 is under process and the Special Collector, Srisailam Project, Kurnool, has given preliminary Notification Form No.6A in Andhra Pradesh daily newspaper on 28.04.2021 for pump house location in survey No.140 B only and survey Nos.140/B2 & 140/B3 are under acquisition and however, the petitioners’ lands are not included in the preliminary notification, as their names are not there in the said Notification. 4. Recording the said statement, there shall be a direction to the respondents not to interfere with the petitioners’ private patta lands in survey No.140-B admeasuring Ac.26.00 cents of Amruthapuram Village, Halaharvi Mandal, Kurnool District, without following due process of law. 5. Accordingly, the writ petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed __________________ JUSTICE V.SUJATHA Dated: 23.09.2025 MDP