APHC010183212023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9320/2023 Between: 1. KAPULAPALLI RANGA REDDY,, SIO. SUNKI REDDY, R/O. 2-180, JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYALA DISTRICT (ERSTWHILE KURNOOL DISTRICT) 2. GODHA ESWARAIAH,, S/O. RAMANNA, R/O. 2-102, JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYALA DISTRICT (ERSTWHILE KURNOOL DISTRICT) 3. CHINDE SHANKAR GOUD,, S/. C. PEDDA SANJANNA, R/O. JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYALA DISTRICT (ERSTWHILE KURNOOL DISTRICT) 4. KOLLAPURAM VENKATA RAMANA,, S/O. PULLAIAH, R/O. 2-89, JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYALA DISTRICT (ERSTWHILE KURNOOL DISTRICT) ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, WATER RESOURCE DEPARTMENT, REP. BY ITS PRINCIPAL SECRETARY (HOME) SECRETARIAT, AMARAVATHI. 2. THE DISTRICT COLLECTOR, NANDYALA DISTRICT, NANDYALA. 3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, NANDYALA, NANDYALA DISTRICT 4. THE TAHSILDHAR, PAMULAPADU MANDAL, NANDYALA DISTRICT. 5. BOYA SREE RAMULU, R/O. JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYALA DISTRICT (ERSTWHILE KURNOOL DISTRICT) 2 6. BOYA BALA RAMUDU, R/ O. JUTURU VILLAGE, PAMULAPADU MANDAL, NANDYALA DISTRICT (ERSTWHILE 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 order or direction more particularly one in the nature of Writ of Mandamus declaring the inactions of the Respondents, particularly, the Respondent No. 3 in not taking any action with regard to removal of the encroachments by the unofficial respondents herein on a sub- channel of Kurnool Kadapa Canal at Juturu Village, Pamulapadu Mandal, Nandyala District, despite giving multiple representations as illegal and violative articles 19 and 300A of the Indian Constitution and consequently direct the unofficial respondents to remove the encroachments by the unofficial respondents herein on a sub-channel of Kurnool Kadapa Canal at Juturu Village, Pamulapadu Mandal, Nandyala District, 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 pleased to issue Interim Direction directing the respondents to take immediate action against the encroachers of sub-channel bund of KC Canal at Juturu Village, Pamulapadu Mandal, Nandyala District, 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 pleased to vacate the interim order passed on in WP No. 9320/2023 dated 17- 04-2023 and dismiss the Writ Petition and pass Counsel for the Petitioner(S): 1. VARUN BYREDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue order or direction more particularly one in the nature of Writ of Mandamus declaring the inactions of the Respondents particularly the Respondent No.3 in not taking any action with regard to removal of the encroachments by the unofficial respondents herein on a sub-channel of Kurnool Kadapa Canal at Juturu Village, Pamulapadu Mandal, Nandyala District, despite giving multiple representations as illegal and violative of Articles 19 and 300A of the Indian Constitution and consequently direct the unofficial respondents to remove the encroachments by the unofficial respondents herein on a sub-channel of Kurnool Kadapa Canal at Juturu Village, Pamulapadu Mandal, Nandyala District and pass …...” 2. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Civil Supplies. 3. The petitioners being the villagers of Juturu Village, Pamulapadu Mandal, Nandyala District have been making several representations to the 3rd respondent to take action with regard to the encroachments of the sub- canal of Kurnool Kadapa Canal by the unofficial respondent Nos.5 and 6. The case of the petitioners is that the Kurnool Kadapa Canal is lifeline for the lakhs of farmers in Kurnool and Kadapa District. Many sub-channels/sub-canals are constructed so as to distribute irrigation water to the farmers. On one such sub-channel, the petitioners’ village is present. The petitioners and many farmers of their village are dependent on the water received from the said sub- channel for irrigation purposes and other ancillary usages. 4. While the things stood thus, the unofficial respondents have been trying to encroach into the sub-canals and trying to construct houses since 2021. As such, the petitioners herein have been submitting representations to the respondent Nos.2 & 3 since 2021 requesting them to remove the said 4 encroachments and to take action against the said encroachments, but inspite of the same, there was no response from the official respondents. As such, the petitioners are constrained to file the present Writ Petition. 5. When the matter came up for admission on 17.04.2023, this Court was pleased to pass the following interim order:- “.. In the meanwhile, status-quo shall be maintained by all the respondents in relation to any further work being carried out on the sub-channel of Kurnool Kadapa Canal in Juturu Village, Pamulapadu Mandal, Nandyala District.” 6. The 1st respondent has filed a counter affidavit, wherein it is stated that in the year 2021, the 5th respondent had constructed a house upto a lintel level, which was about 16.80 meters away from the toe line of main K.C Canal. The same was noticed by the K.C canal field staff and immediately stopped the further construction in the said land. After identifying the same, a letter has been addressed to the 4th respondent to depute Mandal Surveyor to fix up the boundaries of K.C Canal in Sy.No.891 of Juturu Village, Pamulapadu Mandal, Nandyala District. It is further stated that in pursuance of the interim orders granted by this Court on 17.04.2023, the respondent Nos.5 and 6 have not proceeded with the further construction. It is also stated that on 04.04.2023, the respondent No.5 has attempted to resume the balance roof sheet work during night time and the same was noticed by the K.C Canal filed staff. Immediately, the Assistant Executive Engineer, KC Canal Section, Atmakur along with the field staff inspected the encroached site and removed the same and further stopped the unauthorized constructions as per the 5 directions of this Court. It is further stated that the encroached site was at a distance of 2.60 meters of the field-channel/sub-channel and that the field channel is meant for supply of water to the fields but not for the vehicles’ movement of the public. Hence, hindrance to the petitioners and other farmers may does not arise. It is also stated that no construction activity shall be entertained from the 5th respondent or any other citizens within the K.C canal boundaries in future and necessary required action has already been initiated by the Irrigation Department against the encroachments made by the 5th respondent from time to time. The Irrigation Department is following due process of law by issuing several notices to the encroachers to evacuate the encroachment in the said Sy.No.891 of Juturu Village, Pamulapadu Mandal, Nandyala District. 7. The said instructions would establish the fact that in pursuance of the interim orders granted by this Court on 17.04.2023, the official respondents have stopped further constructions/encroachments, but however, admittedly no notice has been issued to the unofficial respondents for removing the said encroachments by following due process of law. 8. In view of the same, instead of going into the merits, the Writ Petition is disposed of directing the respondent Nos.2, 3 and 4 to take appropriate action for removal of the said encroachments by duly following the due process of law. The said process shall be completed within a period of six (06) months from the date of receipt of a copy of this order. 6 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. ___________________ JUSTICE V.SUJATHA Date: 22.12.2025 SCS 7 272 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 9320/2023 Date:- 22.12.2025 SCS