APHC010170452020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NOs: 10773/2020 & 6217/2022 WRIT PETITION NO: 10773/2020 Between: 1. BANDARU BHASKAR RAO, S/O TATAIAH @ SWAMY, AGE 68 YEARS, OCC ADVOCATE, R/O H.NO.16-102, OLD BANK COLONY, KOTHAPETA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWALAISWARAM, EAST GODAVARI DISTRICT. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 4. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM REVENUE DIVISION, AMALAPURAM, EAST GODAVARI DISTRICT. 5. THE TAHSILDAR, KOTHAPETA MANDAL, EAST GODAVARI 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 toto issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the proceedings vide No.AB/A5/475/ dated 23- 05-2020, addressed to the 5th respondent for excavation of earth from the Thogaripaya and flood tank bund as illegal, arbitrary, contrary to law and consequently set aside the same and pas IA NO: 1 OF 2020 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 suspend the operation of proceedings of the 2nd respondent vide No.AB/A5/475, dated 23-05-2020, pending disposal of the above writ petition Counsel for the Petitioner: 1. POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV WRIT PETITION NO: 6217/2022 Between: 1. BANDARU BHASKAR RAO, S/O TATAIAH @ SWAMY, AGE 72 YEARS, OCC. ADVOCATE, R/O H.NO.16-102, OLD BANK COLONY, KOTHAPETA VILLAGE AND MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. 2. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORKS DIVISION, DOWALAISWARAM, EAST GODAVARI DISTRICT. 3. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 4. THE REVENUE DIVISIONAL OFFICER, AMALAPURAM REVENUE DIVISION, AMALAPURAM, EAST GODAVARI DISTRICT. 5. THE TAHSILDAR, KOTHAPETA MANDAL, EAST GODAVARI 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 an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not stopping the illegal/unauthorised excavation of earth from the Godavari flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Sy.Nos.1, 35 and 64 of Mandapalli village, Kothapeta mandal, East Godavari District, as illegal, arbitrary, contrary to law and consequently direct the respondents to stop illegal/ unauthorised excavation of earth from the Godavari flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Kothapeta mandal, East Godavari District and pass IA NO: 1 OF 2022 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 direct the respondents forthwith to stop illegal/ unauthorised excavation of earth from the Godavari flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Sy.Nos.1, 35 and 64 of Mandapalli village, Kothapeta mandal, East Godavari District, pending disposal of the above writ petition and to pass IA NO: 2 OF 2022 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 orders in IA.No.1/2022 in WP.No.6217/2022, dated 10-03-2022 and dismiss the Writ Petition and pass Counsel for the Petitioner: 1. POLISETTY RADHA KRISHNA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION Nos.10773 of 2020 & 6217 of 2022 COMMON ORDER: As the petitioner is one and the same in both the writ petitions and the cause of action is also one and the same, the writ petitions are disposed of by way of common order. 2. W.P.No.10773 of 2020 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd respondent in issuing the proceedings vide No.AB/A5/475/ dated 23- 05-2020, addressed to the 5th respondent for excavation of earth from the Thogaripaya and flood tank bund as illegal, arbitrary, contrary to law and consequently set aside the same and pass…” 3. W.P.No.6217 of 2022 came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not stopping the illegal/unauthorised excavation of earth from the Godavari flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Sy.Nos.1, 35 and 64 of Mandapalli village, Kothapeta mandal, East Godavari District, as illegal, arbitrary, contrary to law and consequently direct the respondents to stop illegal/ unauthorised excavation of earth from the Godavari flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Kothapeta mandal, East Godavari District and pass…” 4. The petitioner is resident of Kothapeta and he is a practicing Advocate. The petitioner is having Ac.2.00 cents of agricultural land in Billakuru Village. In Kothapeta Village, towards Eastern side Godavari river is passing; in between Godavari river and Kothapeta, there is Lanka island by name Kethavari Landa; after Kethavari Lanka there is a sub-canal called Thogaripaya i.e. it is a branch of Godavari river that goes to Muktheswaram; after that, a tank bund was constructed and the same is protecting floods to Godavari; towards Northern side, Mandapalli Village and Southern side, Vadapalem, Vanapalli Villages are existing. 5. While the things stood thus, respondent No.2 issued proceedings vide No.AB/A5/475, dated 23.05.2020 under the caption Navarathnalu Pedalandariki Illu - excavation of earth for formation of internal roads/levelling of house sites at Mandapalli, Kothapet and Vadapalem limits. Challenging the said proceedings, the petitioner filed W.P.No.10773 of 2020. When the said writ petition came up for admission on 22.07.2020, this Court passed the following interim order: “In view of the facts and circumstances of the case, there shall be Interim suspension as prayed for.” 6. Thereafter, as the unauthorized excavation of land from Godavari flood bank, adjacent to Mandapalli, Kothapeta, Vadapalem Villages, was not stopped by the respondent authorities, the petitioner filed W.P.No.6217 of 2022. When the said writ petition came up for admission on 10.03.2022, this Court passed the following interim order: “In the circumstances, the respondents are directed to stop forthwith the illegal/unauthorized excavation of earth from the Godavari flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Survey Nos.1, 35 and 64 of Mandapalli Village, Kothapeta Mandal, East Godavari District, until further orders.” 7. Respondent No.3 has filed counter-affidavit in W.P.No.10773 of 2020 stating that on the request made by the Mandal Parishad Development Officer, Kothapeta and the Tahsildar Kothapeta, the Executive Engineer, Godavari Head Works Division, Dowleswaram, East Godavari District issued NOC for excavation and carting of bonduisuka, bondumatti from the lands in Sy.Nos.61/1, 79, 483, 15 and 40/1, for leveling of low lying house sites lands in Kothapeta Mandal, subject to certain conditions. It was further stated that in pursuance of the interim order granted by this Court on 22.07.2020, all the operations pertaining to digging, carting of bonduisuka, bondumatti from the subject lands, was stopped forthwith. 8. Likewise, a counter-affidavit was filed in W.P.No.6217 of 2022 by respondent No.2, wherein it was stated that the Department has not given any permission for excavation of earth in Sy.Nos.1, 35 & 64 of Mandapalli Village, Kothapeta Mandal in East Godavari District and also stated that no such illegal/unauthorized earth excavation is going on in the aforementioned survey numbers. 9. Today, when the matter came up for hearing, learned Assistant Government Pleader for Revenue has furnished the copy of instructions addressed by Tahsildar, Kothapeta dated 06.10.2025, wherein it was specifically stated that at present there are no illegal/unauthorized excavation of earth from Godavari Flood bank adjacent to Mandapalli, Kothapeta, Vadapalem Villages in Sy.Nos.1, 35 & 64 of Mandapalli Village of Kothapeta Mandal. 10. In view of the above instructions, the W.P.No.10773 of 2020 is allowed and the proceedings of Tahsildar vide proceedings No.AB/A5/475, dated 23.05.2020, are set aside. In view of the same, no further orders are necessary in W.P.No.6217 of 2022 and the same is closed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. _______________________ JUSTICE V.SUJATHA Date :07.10.2025 TVN 737 THE HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION NOs: 10773/2020 & 6217/2022 Date: 07.10.2025 TVN