1 APHC010101592022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6026/2022 Between: 1. P.HARIPRAKASH, S/O LATE P. S. GURUVA REDDY, D.NO. 13-6- 759/A-2, P. K. LAYOUT, TIRUPATI, CHITTOOR DISTRICT, ANDHRA PRADESH - 517501. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY TO IRRIGATION, VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH - 522237. 2. THE DISTRICT COLLECTOR, YSR KADAPA, YSR KADAPA DISTRICT, ANDHRA PRADESH 516001. 3. THE REVENUE DIVISIONAL OFFICER, YSR KADAPA DISTRICT, ANDHRA PRADESH - 516001. 4. THE TAHSILDAR, C. K. DIME MANDAL, YSR KADAPA DISTRICT. 5. THE EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION (BUGGAVANKA PROJECT), OFFICE OF THE SUPERINTENDING IRRIGATION DEPARTMENT, OPP. TRAFFIC POLICE STATION, NAGARAJPETA, KADAPA, YSR KADAPA DISTRICT - 516001. 6. THE DIVISIONAL EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION (BUGGAVANKA PROJECT), OFFICE OF THE SUPERINTENDING IRRIGATION DEPARTMENT, OPP. TRAFFIC POLICE STATION, NAGARAJPETA, KADAPA, YSR KADAPA 2 DISTRICT - 516001. 7. THE ASSISTANT EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION (BUGGAVANKA PROJECT), OFFICE OF THE SUPERINTENDING IRRIGATION DEPARTMENT, OPP. TRAFFIC POLICE STATION, NAGARAJPETA, KADAPA, YSR KADAPA DISTRICT - 516001. 8. MOPURI VENKATA SUBBA REDDY, S/O SUBBA REDDY, BUGGALA PALLI VILLAGE, NAGIREDDY PALLI (POST), C.K.DINNE MANDAL, YSR KADAPA DIST. 9. TAKKOLI SIVA REDDY, S/O T. ACHI REDDY, NAGIREDDY PALLI C.K.DINNE MANDAL, YSR KADAPA DIST. ...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 tomay be pleased to issue an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents 5 to 7 in initiating to acquire petitioner's patta land bearing survey Nos.136, 137/B and 138 situated at Rudraiahgaripalli, C.K. Dinne Mandal, YSR Kadapa District for I.R. Distributary of left side channel of Buggavanka Project in C. K. Dinne Mandal, YSR Kadapa District with respondents 8 to 9 influence by keeping petitibner's F-line application pending with 4th respondent under application number No.FS011800271186 dt.14.07.2018 without following due process of law is as illegal, arbitrary and in violation of principles of natural justice and violation, of Articles 14 and 300A of the Constitution of India and pass such 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 may be pleased to direct the respondents 5 to 7 not to take any coarsive steps till the technical assistence and pending field survey under application No. No.FS011800271186 dt.14.07.2018 in excavating I.R. Distributary of left side channel of Buggavanka Project in C. K. Diane Mandal, YSR Kadapa District for the purpose of respondents 8 and 9 personal interest for wrongful gain in petitioner's patta land bearing survey Nos.136, 137/B and 138 situated at Rudraiahgaripalli, C.K. Dinne Mandal, YSR Kadapa District and pass such Counsel for the Petitioner: 3 1. D KISHORE KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD (AP) The Court made the following: 4 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an order, writ or direction more particularly in the nature of writ of mandamus declaring the action of the respondents 5 to 7 in initiating to acquire petitioner's patta land bearing survey Nos.136, 137/B and 138 situated at Rudraiahgaripalli, C.K. Dinne Mandal, YSR Kadapa District for I.R. Distributary of left side channel of Buggavanka Project in C. K. Dinne Mandal, YSR Kadapa District with respondents 8 to 9 influence by keeping petitibner's F-line application pending with 4th respondent under application number No.FS011800271186 dt.14.07.2018 without following due process of law is as illegal, arbitrary and in violation of principles of natural justice and violation, of Articles 14 and 300A of the Constitution of India and pass such….” 2. The petitioner herein has purchased a land to an extent of Acs.8.78 cents in Sy.Nos.137/B, 136 and 138 at Rudraiahgaripalle village, C.K. Dinne mandal, YSR Kadapa district vide registered document No.2133/1994, dated 27.05.1994 and has been in peaceful possession of the same ever since by raising commercial and cash crops. While so, the petitioner came to know that respondent Nos.5 to 7 are initiating steps to excavate I.R. Distributary of left side channel of Buggavanka project in C.K. Dinne mandal, YSR Kadapa district and build a channel that passes through the petitioner’s land. As such, the petitioner has filed an F-line application on 14.07.2018 for conducting field survey of his land. The grievance of the petitioner is that pending the aforesaid application, the respondent Nos.5 to 7 tried to interfere with the petitioner’s land. Hence, the present writ petition is filed. 5 3. Heard Sri. Kishore Kumar Dhodla, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 4. Today, when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of instructions of the 4th respondent wherein it is stated that as per the re-survey and re-settlement register of Rudraiagaripalli village, C.K. Dinne mandal, the lands situated in Sy.Nos.136, 137/B and 138 are recorded as private patta land. The petitioner herein has acquired the land to a total extent of Acs.8.78 cents (Acs.3.40 cents situated in Sy.No.136, Acs.4.60 cents situated in Sy.No.138 and Acs.0.78 cents in Sy.No.137/B) of Rudragiagaripalli village, C.K. Dinne mandal from P. Nirmala Devi, P. Girija Kumari, K. Narayanamma, P. Jaya Chandra Reddy and N. Sharada Devi vide registered document No.2133/1994, dated 27.05.1994. It is further stated that the land to a total extent of Acs.0.48 cents (Acs.0.39 cents in Sy.No.138/2 and the land to an extent of Acs.0.09 cents in Sy.No.137/B1) has been acquired by the respondents for left side cannal of Buggavanka project and compensation amount of Rs.13,332/- was also paid to T. Girija Kumari (one of the vendor of the petitioner) by the competent authority vide award dated 22.05.2000. Thereafter, the aforesaid land to an extent of Acs.0.48 cents is included in Prohibited properly list under Section 22(A) of the Registration Act, 1908. It is further stated that pursuant to a scheme named ‘YSR Jagananna Shaswata Bhu Hakku Mariyu Bhu Raksha Pathakam’, re-survey was conducted in Rudraiagaripalli village, C.K. Dinne mandal and a form 19A general notice was issued to the villagers, including 6 the petitioner, to be present at their respectable fields during re-survey. It is further stated that, after conducting re-survey, LPM.No.184, Sy.Nos.138, 137 B an extent of Acs.4.85 cents and LPM.No.185, Sy.No.136, an extent of Acs.3.39 cents, totaling an extent of Acs.8.24 cents was recorded in favour of the petitioner, excluding an extent of Acs.0.48 cents which was acquired through land acquisition proceedings. As such, the petitioner’s F-line application dated 14.07.2018 was rejected on 25.08.2018. Hence, requested to dismiss the writ petition. 5. Admittedly, the petitioner herein has purchased a land to an extent of Acs.8.78 cents in Sy.Nos.137/B, 136 and 138 at Rudraiahgaripalle village, C.K. Dinne mandal, YSR Kadapa district vide registered document No.2133/1994, dated 27.05.1994. Subsequently, in the year 2000, the land to a total extent of Acs.0.48 cents (Acs.0.39 cents in Sy.No.138/2 and the land to an extent of Acs.0.09 cents in Sy.No.137/B1) has been acquired by the respondents for left side cannal of Buggavanka project and compensation amount of Rs.13,332/- was also paid to T. Girija Kumari (one of the vendors of the petitioner) by the competent authority vide award dated 22.05.2000. It can be observed that, pursuant to a scheme launched by the Government, the lands in Rudraiahgaripalle village, C.K. Dinne mandal, YSR Kadapa were re- surveyed including the petitioner’s land and it was found that the land to a total extent of Acs.8.24 cents was recorded in favour of the petitioner herein, duly excluding an extent of 0.48 cents which was already acquired by the Government for left side canal of Buggavanka project. In view of the same, the 7 F-line application filed by the petitioner on 14.07.2018 was rejected on 25.08.2018. 6. In view of the fact that the petitioner’s F-line application dated 14.07.2018 was already rejected on 25.08.2018 for the reasons mentioned above, this Court feels that the cause in the writ petition would not survive for further adjudication. 7. Accordingly, this writ petition is dismissed. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :14.10.2025. Gss