APHC010524162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27418 OF 2025 Between: 1. Kandukuru Hussenamma, W/o. late Venkata Subbanna, @Pedda Venkata Subbanna, aged about 47 years. Residing at Tangutur village and post, Rajupalem Mandat, YSR Kadapa District. 2. Kandukuru Subbalakshmi @ Dudekula Subbalakshmi, Venkata Subbanna, @Pedda Venkata Subbanna, D/o. late aged about 28 years. Residing at Tangutur village and post, Rajupalem Mandal, YSR Kadapa District. 3. Kandukuru Nagendra Babu, S/o. late Venkata Subbanna, @Pedda Venkata Subbanna, aged about 26 years, Residing at Tangutur village and post, Rajupalem Mandal, YSR Kadapa District. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department (Irrigation and CAD) Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kadapa, YSR Kadapa District. 3. The Superintending Engineer, Irrigation Circle, Kurnool District, A.P. 4. The Executive Engineer, K.C. Canal Division, Nagulakatta Road, Nunepalli Road, Nandyal town and Nandyal District. 5. The Mandal revenue Officer, Duvvur, Duvvuru Mandal, YSR Kadapa District. Secretariat Buildings, Kurnool Divisional Office, 6. Dity Gopal, S/o. Krishnaiah, Age not known to the petitioner, Jillela Village. Duvvuru Mandal, YSR Kadapa District. ...Respondents ? 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 inaction of the respondents especially the inaction on the part of the Respondent no. 2 to 5 in protecting the Irrigation Canal situated on southern side of the petitioner's property in Sy. No. 114/B2 in an extent of Ac. 0.92 cents of Jillela Village and Panchayat, Duvvuru Mandal which is being used for irrigation purpose from the highhanded acts of the respondent no.6 who is taking steps to close the canal by denying the irrigation water to the petitioners land inspite of making representations dated 03-09-2025 as being illegal, unfair, arbitrary and violative of principles of natural justice apart from violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent authorities to take necessary steps to protect the irrigation canal passing on the southern side of the petitioner's property in Sy. No. 114/B2 in an extent of Ac. No. 114/B2 in an extent of Ac. 0.92 cents of Jillela Village and Panchayat, Duvvuru Mandal, YSR Kadapa district from any kind of encroachments. lA 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 direct the Respondent no.2, 4 and 5 to consider the petitioners representation dated 03-09-2025and pass appropriate orders in accordance with law pending disposal of the writ petition. // / / Counsel for the Petitioners: SRI V NITESH Counsel for the Respondents No.1 to 4: GP FOR IRRI AND CAD Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: None appeared The Court made the following Order: / / ■<' i / ' / / / APHC010524162025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY.THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27418/2025 Between: 1.KANDUKURU HUSSENAMMA,, W/0. LATE VENKATA SUBBANNA, @PEDDA VENKATA SUBBANNA, AGED ABOUT 47 YEARS, RESIDING AT TANGUTUR VILLAGE AND POST DISTRICT. RAJUPALEM MANDAL, YSR KADAPA 2.KANDUKURU SUBBALAKSHMI @PEDDA VENKATA SUBBANNA, YEARS. RESIDING AT TANGUTUR VILLAGE AND POST RAJUPALEM MANDAL. YSR KADAPA DISTRICT. SUBBALAKSHMI DUDEKULA D/0. LATE VENKATA SUBBANNA, AGED ABOUT 28 i) 3.KANDUKURU NAGENDRA BABU,, S/0. LATE VENKATA SUBBANNA, @PEDDA VENKATA SUBBANNA, AGED ABOUT 26 YEARS. RESIDING AT TANGUTUR VILLAGE AND POST, RAJUPALEM MANDAL, YSR KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES T W.P.N0.27418 6i DEPARTMENT (IRRIGATION AND buildings, VELAGAPUDI DISTRICT. CAD), SECRETARIAT AMARAVATI, GUNTUR 2.THE DISTRICT COLLECTOR district. 3.THE KADAPA, YSR KADAPA SUPERINTENDING ENGINEER CIRCLE, KURNOOL, KURNOOL DISTRICT irrigation A.P. 4.THE EXECUTIVE ENGINEER OFFICE, K.C. CANAL DIVISION, NAGULAKATTA divisional nunepalli road district. K. ROAD, NANDYAL TOWN AND NANDYAL 5.THE MANDAL REVENUE OFFICER, MANDAL. YSR KADAPA DISTRICT. DUWUR, DUWURU 6.DITY GOPAL. S/0. KRISHNAIAH the petitioner. AGE NOT KNOWN TO DUWURU JILLELA VILLAGE MANDAL, YSR KADAPA DISTRICT. ...RESPONDENT(S); Petition under Article 226 of the Constitution of India pravino High"court'"''''"^h^"“® 'herewith ^gh Court may be pleased topleased to issue a writ order or direction, more particularly one In the nature of Writ of Mandamus “r’“rrr "• r'”-'- ““r me part of the Respondent no. 2 to 5 in Irrigation Canal situated the protecting the property In Sv No petitioner's VJge and Panchayat, DurrrMtnlTwhfchfs\rg'?sLd''tr irrigation water to the petitioners land ^ the representations dated 03 Oh making ^1 and 300-A of the Constitution of 3 V5,J W.P.N0.27418 OF2025 India and consequently direct the respondent authorities to take necessary steps to protect the irrigation canal passing on the southern side of the petitioner's property in Sy. No. 114/B2 in an extent of Ac. 0.92 cents of Jillela Village and Panchayat, Duvvuru Mandal, YSR Kadapa district from any kind of encroachments lA NO: 1 OF 2025 Petition under Section 151 CPC circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondent no.2, 4 and 5 to consider the petitioners representation dated 03- 09-2025and pass appropriate orders in accordance with law pending disposal of the writ petition Counsel for the Petitioner(S): 1.VNITESH Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI ANDCAD The Court made the following: praying that in the 4 VS,J W.P.N0.27418OF 2025 ORDERl: This writ petition is fiied under Article 226 of the Constitution of India seeking the following relief: “ ...fo issue a writ, order or directioti, more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents especially the inaction on the part of the Respondent [\Jos.2 to 5 in protecting the Irrigation Canal situated on southern side of the petitioner's property in Sy. No.T14/B2 in an extent of Ac.0.92 cents of Mela Village and Panchayat, Duvvuru Mandal which is being used for irrigation purpose from the highhanded acts of the respondent No. 6 who is taking steps to close the canal by denying the irrigation water to the petitioners' land in spite of making representations dated 03-09-2025 as being illegal, unfair, arbitrary and violative of principles of natural justice apart from violative of Articles 14, 19, 21 and 300-A of the Constitution of India and consequently direct the respondent authorities to take necessary steps to protect the irrigation canal passing on the southern side of the petitioners’ property in Sy. No.114/B2 in an extent of Ac.0.92 cents of Mela Village and Panchayat, Duvvuru Mandal, YSR Kadapa district from any kind of encroachments The petitioners are the absolute owners and possessors of the land to an extent of Ac.0-92 cents in Sy.No.114/B2 situated jillela Village and Panchayat, Duvvuru Mandal. The petitioners doing agricultural activities on the said land, which they acquired from their father, who purchased the same through a registered sale deed vide document No.696 of 2005 dated 05.09.2005. 2. are The case of the petitioners is that they along with their 3. predecessors in title, have been irrigating the said land using the from the irrigation canal situated on the southern side of water i W.P.N0.27418 their property and said KC Canal. Since the canal branch traces its roots from the Main year 1950, the said canal has been the only above situated on either sides of irrigation for the petitioners’ land on either side of the canal. \ source of water for the \ purpose of irrigation to the mentioned land and also to the lands the canal in the sole source of well as for the lands situated as 4. While the things stood purchased the land towards southern side of the i to remove the attempted to include the without having thus, the 6'" respondent, who - irrigation canal, i.e., irrigation canal started taking steps same with mud and in his land highhandedly or title. As such, the police seeking necessary action as the police failed to take issued a legal notice dated 03.09.2025 on the other side of the irri said canal by filling the said canal i any manner of right petitioners approached the local against the 6'^ respondent. However, action, the petitioners i to the respondent Nos.2, against the 6*^ 4 & 5 requesting them to take action no action has been initiated by are constrained to file the respondent. Since respondents, the petitioners writ petition. the present 5. Heard learned Assistant Government Pleader counsel for the petitioners for Irrigation and Revenue. and learned 7 6 VS,J W.P.N0.27418 0F 2025 Learned Assistant Government Pteader for Revenue has 6. furnished a copy of written instructions of 5'^ respondent, wherein it is stated that;- It is submitted that, as per the RSR of the Jilleila Village, Duvvuru Mandal the subject land in Sy.No.114/B2 an extent of Ac.0.92 cents is classified as patta. 1. The petitioner Smt. Kandukuru Husenamma, Jilleila Village, Duvvuru Mandal is having the land in Sy.No.114/B2 extent Ac.0.92 cents as per web land she is having land in Sy.No.114/BI extent Ac.0.92 cents she is actually possession and enjoyment of the land in Sy.No.114/B2 extent of Ac.0.92 cents. 2. The Tahsildar, Duvvur has inspected the petitioners’ land in Sy.No.114/B2 extent Ac.0.92 cents Jilleila Village, Duvvuru Mandal. During the enquiry, the petitioners objected canal is not a government canal is a private canal. The said canal branch traces root from the Main canal. The said canal is the only source of water for the purpose of the irrigation to the above mentioned land and also to the lands situated on their sides of the canal. The canal was using the surrounding ryots and petitioners for agriculture purpose for a long time. The respondent no.6 Sri.Diti Gopal father Sri Diti Krishnaiah is having land in Sy.no.115/A extent of Ac.0.75 cents. The above canal was passing the respondent land. The respondent was not heed to any of such attempts and aggrieved by the same. At present, the respondent was closing the canal. The land was purely patta land, the dispute was raised between the petitioner and the respondent only.” 3. s. 1 1 W.P.NO.27418 As per the above instructions, it is evident that the subject 7. land in Sy.No.114/B2 to an extent of Ac.0.92 cents is classified as \ patta land. The Tahsildar has already inspected the petitioners land and during the course of the enquiry, the Tahsildar has found that the 6*'^ respondent is making attempts to divert or close the canal that runs through his land and is used for irrigation purposes by the petitioners and other local ryots. Since the dispute relates to a private land and the said land is purely patta land, the matter is purely civil in nature. In view of the same, this Court is of the opinion that the 8. petitioners are at liberty to approach the competent Civil Court for appropriate relief against the 6th respondent. Accordingly, the writ petition is disposed of with liberty to 9. th the petitioners to approach the Civil Court as against the 6 respondent. No costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed. Sd/- Wl SRINIVAS assistant registrar /I //TRUE COPY// SECTION OFFICER To, Water Resources Department (Irrigation and 1. The Principal Secretary CAD), Secretariat Buildings, Velagapudi, Amaravati, Guntur District. 2. The District Collector, Kadapa, YSR Kadapa District. 1 3. The Superintending Engineer, District, A.P. Irrigation Circle, Kurnool, Kurnool // 4. The Executive Engineer, K.C. Canal Division, Nagulakatta Road, Nunepalli Road, Nandyal town 5. The Mandal Divisional Office, and Nandyal District. YSR Kadapa revenue Officer, Duvvur, Duvvuru Mandal District. 6. Dity Gopal, S/o. Krishnaiah Age not known to the petitioner Village, Duvvuru Mandal, YSR Kadapa District. 7. One CC to Sri V NITESH, Advocate [OPUC] 8. Two CCS to GP for REVENUE, High Court of Andhra 9. Two CCs to GP for IRRI Jillela Pradesh [OUT] and CAD, High Court of Andhra Pradesh [OUT] 10. Two CD Copies vna i \ \ HIGH COURT \ \ \ DATED;15/10/2025 ORDER WP NO. 27418 OF 2025 *( 0 5 NOV 2025 rrentSectiooxV COST?"^^ petition WITHOUT