APHC010456192023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO WRIT PETITION NOS: 23615/2023 Between: 1. A. T. RATNASEKHAR REDDY,, S/O YARRAM REDDY, AGED ABOUT 54 YEARS, CULTIVATION, D.NO. 3 PILERU-517214, ANNAMAYYA DISTRICT, A.P. 2. VUTUKURI SADASIVA REDDY,, ABOUT 56 YEARS, CULTIVATION, D.NO. 2 PANCHAYATI OFFICE, MAALLALVARI VEEDHI ANNAMAYYA DISTRICT, A.P. 3. KAKULARAM MADHAN MOHAN REDDY,, S/O RAMI REDDY, AGED ABOUT 55 YEARS, CULTIVATION, D.NO. 2 TIRUPATHI ROAD, PILERU, ANNAMAYYA DIST. A.P. 1. PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVT. OF ANDHRA PRADESH SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DIST, ANDHRA PRADESH 2. THE DISTRICT COLLECTOR, ANN RAYACHOTY-516 269 3. THE TAHASILDAR, ROMPICHERLA MANDALAM, ROMPICHERLA W.P.No.23615 & 26137 of 2023 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NOS: 23615/2023 & 26137/2023 WRIT PETITION NOS: 23615/2023 A. T. RATNASEKHAR REDDY,, S/O YARRAM REDDY, AGED ABOUT 54 YEARS, CULTIVATION, D.NO. 3-583-2, AJANTA TAKIES ROAD, 517214, ANNAMAYYA DISTRICT, A.P. VUTUKURI SADASIVA REDDY,, S/O KRISHNA REDDY, AGED ABOUT 56 YEARS, CULTIVATION, D.NO. 2-165 PANCHAYATI OFFICE, MAALLALVARI VEEDHI-517214, PILERU, ANNAMAYYA DISTRICT, A.P. KAKULARAM MADHAN MOHAN REDDY,, S/O RAMI REDDY, AGED ABOUT 55 YEARS, CULTIVATION, D.NO. 2-39/3, TIRUPATHI ROAD, PILERU, ANNAMAYYA DIST. A.P. ...PETITIONER(S) AND PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVT. OF ANDHRA PRADESH SECRETARIAT, AMARAVATHI, VELAGAPUDI, GUNTUR DIST, ANDHRA PRADESH-522503. THE DISTRICT COLLECTOR, ANNAMAYYA DISTRICT, 516 269 THE TAHASILDAR, ROMPICHERLA MANDALAM, ROMPICHERLA RC,J W.P.No.23615 & 26137 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY SECOND DAY OF DECEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI & 26137/2023 A. T. RATNASEKHAR REDDY,, S/O YARRAM REDDY, AGED ABOUT 2, AJANTA TAKIES ROAD, S/O KRISHNA REDDY, AGED 165-4, OPP- 517214, PILERU, KAKULARAM MADHAN MOHAN REDDY,, S/O RAMI REDDY, AGED SIRINAGAR, ...PETITIONER(S) PRINCIPAL SECRETARY REVENUE DEPARTMENT, GOVT. OF ANDHRA PRADESH SECRETARIAT, AMARAVATHI, VELAGAPUDI, AMAYYA DISTRICT, THE TAHASILDAR, ROMPICHERLA MANDALAM, ROMPICHERLA- RC,J W.P.No.23615 & 26137 of 2023 2 522617, ANNAMAYYA DIST. A.P. 4. THE PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATRAJ AND RURAL DEVELOPMENT, GOVT. OF A.P. VELAGAPUDI, SECRETARIAT, AMARAVATHI-522503 5. THE PANCHAYAT SECRETARY, BANDAKINDA PALLI PANCHAYAT, ROMPICHERLA MANDALAM, ANNAMAYYA DISTRICT-522617 ...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 Order or a Direction more particularly in the nature of WRIT OF MANDAMUS declaring inaction of the respondents 3 and 5 in not protecting the land in Sy.No. 194 the situated in Bandakindapalli village of Rompicherla mandalam in Annamayya District which is classified as Topu Poramboku which is Govt. land and not controlling the work in progress illegally going on which is illegal, arbritory and against the tot eh principles of Natural Justice and in violation of Article 300-A and 21 of constitution of India and consequently direct the Respondents 3 and 5 to stop the work and to protect in Sy.No. 194 in Bandakindapalli village of Rompicherla Mandalam, Annamayya District which is a passage of excess water (which is naturally used as excess water flowing from Tatakunta Cheruvu) 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 3 & 5 to take immediate steps by stopping the work of illegal constructions in Sy.No. 194 in Bandakindapalli village of Rompicherla Mandalam, Annamayya District pending disposal of this Writ petition Counsel for the Petitioner(S): 1. VISWANATH N Counsel for the Respondent(S): 1. GP FOR REVENUE RC,J W.P.No.23615 & 26137 of 2023 3 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats WRIT PETITION NO: 26137/2023 Between: 1. MOPATI LEELAVATHI, W/O. MOPATI DAMODARM REDDY, HINDU, AGED ABOUT 56 YEARS, OCC. AGRICULTURE, D.NO.5-2-165, ANANTHA STREET, NEAR RAJANNA PARK, TIRUPATI URBAN, TIRUPATI DISTRICT 517 501. ...PETITIONER AND 1. THE STATE OF AP, REP, BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT AT CHITTOOR. 3. THE REVENUE DIVISIONAL OFFICER, CHITTOOR, CHITTOOR DISTRICT. 4. THE TAHSILDAR, ROMPICHARLA MANDAL, CHITTOOR DISTRICT, 5. BANDAKINDAPALLI PANCHAYAT BANDAKINDAPALLI, ROMPICHARLA MANDAL, CHITTOOR DISTRICT, REPD. BY ITS PANCHAYAT SECRETARY. ...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 not protecting the water channel passing in S.No.194 of Bandakindapalli Village, Rompicharla Mandal, Chittoor District, which is classified as Topu Poramboku and allowing the illegal constructions by obstructing the existing natural water RC,J W.P.No.23615 & 26137 of 2023 4 canal inspite of petitioners repeated requests to the authorities as illegal, improper, unjust, arbitrary and contrary to law and violation of Article 300-A and 21 of Constitution of India and consequently direct the respondents to stop the illegal construction activities in S.No.194 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 proceed with the illegal constriction activities in S.No.194 of Bandakindapalli Village, Rompicharla Mandal, Chittoor District pending disposal of the writ petition and pass IA NO: 1 OF 2024 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 grant leave to the petitioner/ 5th Respondent to file counter in W.P.No.26137 of 2023 in the interest of justice and pass Counsel for the Petitioner: 1. MAHADEVA KANTHRIGALA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats RC,J W.P.No.23615 & 26137 of 2023 5 COMMON ORDER The writ petition vide W.P.No.23615 of 2023 is filed questioning the inaction of the respondent nos. 3 & 5 in protecting the land in Survey No.194 of Bandakindapalli village of Rompicherla Mandal, Annamayya District, which is classified as Topu Poramboke, a Government land. 2. The Writ Petition vide W.P.No.26137 of 2023 is field questioning the action of the respondents in not protecting the subject property of W.P.No.23615 of 2023. 3. Inasmuch as the reliefs sought and subject matter of both the writ petitions is the same, the writ petitions are heard together and are being disposed of by this common order. 4. In the counter affidavit of respondent No.5-Panchayat Secretary in both the writ petitions, it has been categorically stated that the respondent authorities are taking steps to prevent constructions in the subject land. 5. Sri N.Viswanath, learned counsel for the petitioner in W.P.No.23615 of 2023 , and Sri Mahadeva Kanthrigala, learned counsel for petitioner in W.P.No.26137 of 2023, prayed to dispose of the writ petitions by recording the contents of the counter affidavits. RC,J W.P.No.23615 & 26137 of 2023 6 6. In view of the contents of the counter affidavit, since the respondent authorities undertook to take action to prevent constructions in the subject land, these writ petitions can be disposed of. 7. Accordingly, both the writ petitions are disposed of, directing the authorities to take action against the encroachments, if any, in the subject property by following the procedure contemplated under law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. JUSTICE RAVI CHEEMALAPATI DATED 22ND day of December, 2025. RR