APHC010631452025 IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) TUESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA WRIT PETITION Between: 1. GOLLAVALLI SATYANARAYANA,, S/O. SUBBRAO, AGED ABOUT 40 YEARS, D.NO. 4-30, NEAR RAMALAYAM GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 2. CHINTAPALLI DHARMARAO,, S/O.VENKANNA AGED ABOUT 70 YEARS, D.NO. 4-130/1, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 3. BALLINJI RAMOJI RAO,, S/O. SANKARA RAO, AGED ABOUT 40 YEARS, D.NO. 4-25, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 4. UBBINA APPARAO,, S/O. APPANNA, AGED ABOUT 55 YEARS, D.NO. 4-2/2, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, . WEST GODAVARI DISTRICT, A.P, 5. MYCHARLA PARVATHI,, C/O.MAALIBABU, AGED ABOUT 65 YEARS, D.NO. 4-8, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODA 6. CHEKKALA KUMARI,, W/O. RAMANAIDU, AGED ABOUT 55 YEARS, D.NO. T-94/5, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 7. VELUDURTHY LAKSHMI NARASAMMA,, W/O. ANJANEYULU, AGED ABOUT 40 YEARS, D.NO. 40 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THE NINTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 32835/2025 GOLLAVALLI SATYANARAYANA,, S/O. SUBBRAO, AGED ABOUT 40 30, NEAR RAMALAYAM GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, CHINTAPALLI DHARMARAO,, S/O.VENKANNA AGED ABOUT 70 130/1, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. BALLINJI RAMOJI RAO,, S/O. SANKARA RAO, AGED ABOUT 40 25, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. RAO,, S/O. APPANNA, AGED ABOUT 55 YEARS, 2/2, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, . WEST GODAVARI DISTRICT, A.P, MYCHARLA PARVATHI,, C/O.MAALIBABU, AGED ABOUT 65 8, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. CHEKKALA KUMARI,, W/O. RAMANAIDU, AGED ABOUT 55 YEARS, 94/5, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. VELUDURTHY LAKSHMI NARASAMMA,, W/O. ANJANEYULU, AGED ABOUT 40 YEARS, D.NO. 40-5, GOLLALAKODERU VILLAGE, IN THE HIGH COURT OF ANDHRA PRADESH [3328] THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA GOLLAVALLI SATYANARAYANA,, S/O. SUBBRAO, AGED ABOUT 40 30, NEAR RAMALAYAM GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, CHINTAPALLI DHARMARAO,, S/O.VENKANNA AGED ABOUT 70 130/1, GOLLALAKODERU VILLAGE, PALAKODERU BALLINJI RAMOJI RAO,, S/O. SANKARA RAO, AGED ABOUT 40 25, GOLLALAKODERU VILLAGE, PALAKODERU RAO,, S/O. APPANNA, AGED ABOUT 55 YEARS, 2/2, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, MYCHARLA PARVATHI,, C/O.MAALIBABU, AGED ABOUT 65 8, GOLLALAKODERU VILLAGE, PALAKODERU CHEKKALA KUMARI,, W/O. RAMANAIDU, AGED ABOUT 55 YEARS, 94/5, GOLLALAKODERU VILLAGE, PALAKODERU VELUDURTHY LAKSHMI NARASAMMA,, W/O. ANJANEYULU, AGED GOLLALAKODERU VILLAGE, 2 PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 8. MANDALA NAGESWARA RAO,, S/O. VENKANNA, AGED ABOUT 70 YEARS, 0.NO. 4-10, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. 9. KARANAM SURYAKANTHAM,, S/O. KONDAYYA, AGED ABOUT 75 YEARS, D.NO. 4-4, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, WEST GODAVARI DISTRICT AT BHIMAVARAM. 3. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 4. THE TAHSILDAR, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. 5. THE PANCHAYATH SECRETARY, GOLALAKODERU GRAMA PANCHAYATH, PALAKODERU MANDAL MANDAL, WEST GODAVARI DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, APEPDCL, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT. ...RESPONDENT(S): Counsel for the Petitioner(S): 1. BANDA SAI SAMPATH KUMAR Counsel for the Respondent(S): 1. GP FOR ENERGY 2. GP FOR REVENUE 3 3. YARRAGUNTLA.KOTESWARA RAO, STANDING COUNSEL FOR ZILLA PRAJA PARISHADS,MANDAL PRAJA PARISHADS AND GRA 4. V V SATISH (SC for APEPDCL) 5. GP FOR PANCHAYAT RAJ RURAL DEV 6. GP FOR IRRI AND CAD The Court made the following: ORAL ORDER: Sri B. Sai Sampath, learned Counsel for the Petitioner, Sri A. Narasinga Rao, learned Assistant Government Pleader for Irrigation, Sri P. Chaitanya, learned Counsel representing Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat, Sri Y. Nagendra, learned Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning. 2. Sri A. Narasinga Rao, learned Assistant Government Pleader for Irrigation has submitted the Written Instructions furnished by the Executive Engineer (FAC), Godavari West Division, Nidadavolu, dated 02.12.2025. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record. 3. The relevant portion of the Written Instructions is usefully extracted hereunder: “The District Collector, West Godavari District, Bhimavaram has inspected the Undi canal and instructed to remove the encroachments on war footing basis on the account of orders of the Hon'ble High court of Andhra Pradesh vide common orders in WP(PIL) No. 140 of 2022 & 22 other WPS/PILS WP (PIL) No. 108 of 2022 & 27 other WPS/PILS/WAS and WP No. 11983 of 2013 & 3 other WP'S and orders in WP (PIL) No.173 of 2022 and WP No. 11494 OF 2023 where in directed the official respondents to take steps for removal / demolition of encroachments on water bodies / tanks and get 4 possession of the said lands in accordance with law. The Hon'ble Supreme Court of India vide its orders in CA No. 4787 of 2001 and CA No. 1251 of 2006 (Intellectual) Forum, Tirupati Vs State of AP & others) issued similar orders for protection of water bodies / tanks. In view of the above, the irrigation authorities concerned and directed to evict encroachments / occupations on water bodies U/S 38 of the A.P. Irrigation, Utilization and Command Area Development Act, 1984 under the provision read as. Any officer or authority in-charge of, or employed on any irrigation system may, remove from the land or any building thereon, or take into custody without warrant and forthwith hand-over to police officer in-charge of the nearest station, any person who within his view. In view of the above, eviction has been done in presence of Concerned Tahasiladar, Panchayat Secretary and Police Department on following day's i.e. on 22.10.2025 and 23.10.2025 duly disconnecting the power which was done by the APEPDCL. Before eviction of encroachments, concerned Panchayat and Irrigation staff informed to them to vacate from unauthorised occupations well before 15 days. They vacated voluntarily on 22.10.2025. Thereafter encroachments were removed. The Government have already given alternative sites to these encroachers earlier. But these encroachers are living till eviction of encroachments. The Eviction was completed by 23rd of October 2025. There after no action has taken in RS No. 238.” 4. The above extract would also indicate that the evictions have been done in the presence of the concerned Tahsildar, Panchayat Secretary, and the Police Department on 22.10.2025 & 23.10.2025, duly disconnecting the power, which was done by APEPDCL. Since disconnection of power supply is in furtherance of the eviction, which is required to be effected in terms of the various Orders in Public Interest Litigation (PIL) by this Court as the first step, this Court does not find any reason to interfere. 5. Accordingly, this Writ Petition is dismissed. No order as to costs. 5 6. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 09.12.2025 DSV 6 214 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 32835/2025 09.12.2025 DSV 7 HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI MAIN CASE No. WRIT PETITION NO: 32835/2025 PROCEEDING SHEET Sl. No DATE ORDER Office Note 16. 09.12.2025 GRKP, J Writ Petition is dismissed. (vide separate order) ___________ GRKP, J DSV 8