APHC010256812021 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14888/2021 Between: 1. SANAGALA DAYAKAR, S/O. MASTANAIAH AGED ABOUT 53 YEARS, 2. PACCHIPALA VENKATA RAMANAIAH,, S/O.VENKAIAH, AGED 50 YEARS, 3. M.VENKATA RAMANAIAH,, S/O.NARASAIAH, AGED 46 YEARS, 4. SRIPATHI GOPAL,, S/O.HANUMANTHAIAH, AGED 38 YEARS, 5. BANALA SUDHAKAR,, S/O.RAMANAIAH, AGED 45 YEARS, ALL ARE AGRICULTURAL COOLIES AND ARE RESIDENTS OF AKKACHERUVUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMAVARATHI, GUNTUR DISTRICT REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT 3. THE TAHSILDHAR, NELLORE MANDAL, SPSR NELLORE DISTRICT. 4. THE SUPERITENDENT ENGINEER, IRRIGATION DEPARTMENT, 2 VS,J W.P.No.14888 of 2021 NELLORE, SPSR NELLORE DISTRICT. 5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, NELLORE, 6. CH KARUNAKAR REDDY S/O PITCHI REDDY, AGED 68 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. 7. CH JANARDHAN REDDY S/O PITCHI REDDY, AGED 65 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. 8. CH BHAKTAVATSAL REDDY S/O PITCHI REDDY, AGED 63 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. 9. CH SRINIVASULU REDDY S/O PITCHI REDDY, AGED 60 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. 10. CH HARICHANDRA REDDY S/O PITCHI REDDY, AGED 58 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. 11. Y VENKU REDDY S/O MALLA REDDY, AGED 85 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. 12. NELLORE SUDHAKAR REDDY S/O SUNDARARAMI REDDY, AGED 73 YEARS, R/O. VOGURUPADU VILLAGE, NELLORE MANDAL, SPSR NELLORE DISTRICT. RR6 TO 12 ARE IMPLEADED AS PER C.O.DT.02/11/2021. IN IA.NO.2/21. ...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 or direction more particularly in the nature of a Writ of Mandamus under Article 226 of the constitution of India declaring the action of the respondents in not taking action on the illegal encroachments made in Nellore Tank in Survey No.1 of Ogurupadu Village, Nellore Rural Mandal and not considering the representation of the petitioners and other villagers of Akkacheruvupadu Village Dt.05.07.2021 as illegal and arbitrary and a 3 VS,J W.P.No.14888 of 2021 consequently direct the respondents to remove the encroachments in Nellore Tank in Survey No.1 of Ogurupadu Village, Nellore Rural Mandal, SPSR Nellore District and pass 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 to direct the respondents to remove the encroahcments in Nellore Tank in Survey No.1 of Ogurupadu Village, Nellore Rural Mandal by considering the representation of the petitioners and other villagers of Akkacheruvupadu Village Dt.05.07.2021 and pass IA NO: 2 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 to implead the petitioners herein as respondent Nos. 6 to 12 in WP No. 14888 of 2021 and in all miscellaneous petitions 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 permit the proposed 8th petitioner herein to come on record in place of the deceased 6th petitioner herein / Respondent No.11 in WP No.14888 of 2021 as his legal representative and defend the above writ petition in his place and pass Counsel for the Petitioner(S): 1. C SUBODH Counsel for the Respondent(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.14888 of 2021 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a writ or direction more particularly in the nature of a Writ of Mandamus under Article 226 of the constitution of India declaring the action of the respondents in not taking action on the illegal encroachments made in Nellore Tank in Survey No.1 of Ogurupadu Village, Nellore Rural Mandal and not considering the representation of the petitioners and other villagers of Akkacheruvupadu Village Dt.05.07.2021 as illegal and arbitrary and consequently direct the respondents to remove the encroachments in Nellore Tank in Survey No.1 of Ogurupadu Village, Nellore Rural Mandal, SPSR Nellore District ….” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation. 3. It is the case of the petitioners that they are residents of Akkacheruvupadu village and have been engaged in fishing activities in the Nellore tank and used to graze their cattle in the tank area during the summer season. While so, for the past ten years, certain extents of Nellore Tank, particularly in Sy.No.1 of Ogurupadu Village, have been encroached upon by private individuals, who converted tank land into fish ponds and agricultural fields. As per the combined sketch prepared by the Revenue and Irrigation Departments, an extent of Ac.32.90 cents has been converted into fish ponds, and Ac.3.70 cents into paddy fields. Due to these encroachments, the petitioners and other villagers of Akkacheruvupadu are being prevented from 5 VS,J W.P.No.14888 of 2021 carrying out fishing activities and grazing cattle in the tank area. Despite submitting a representation dated 05.07.2021 to the respondent authorities seeking action against such illegal encroachments, no steps have been taken. Aggrieved by the said action, the petitioners have filed the present Writ Petition. 4. Learned Government Pleader for Irrigation represents that W.P.No.9276 of 2021 was filed when the authorities of the Irrigation Department intended to take action for removal of encroachments on Nellore Tank bed, which is the subject matter in the present writ petition. It is further represented that an interim order was also granted in that writ petition on 03.05.2021 against the Irrigation Department. 5. In view of the orders passed in W.P.No.9276 of 2021 and also in view of the fact that the petitioners and other villagers of Akkacheruvupadu Village have submitted a representation dated 05.07.2021 bringing to the notice of the authorities the encroachments made in Nellore Tank in Sy.No.1 of Ogurupadu Village, Nellore Rural Mandal, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the 2nd respondent to consider and pass appropriate orders on the said representation dated 05.07.2021, if not yet considered, within a period of eight (8) weeks from the date of receipt of a copy of this order. 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. 6 VS,J W.P.No.14888 of 2021 As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 22.09.2025 KGR