APHC010541992025 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: 28141/2025 Between: 1. BURLA VENKATA RAO, S/O.VENKATESWRALU AGED 62 YEARS, R/O. 5-22A, PITTUVARIPALEM, THOTAVARIPALEM POST, CHIRALA MANDAL, BAPATIA DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, BAPATLA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BAPATLA, BAPATLA DISTRICT. 4. THE TAHSILDAR, BAPATLA MANDAL, BAPATLA DISTRICT. 5. THE DIVISIONAL ENGINEER, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. 6. THE EXECUTIVE ENGINEER, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. 7. THE ASSISTANT ENGINEER JE, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. ...RESPONDENT(S): 2 VS,J W.P.No.28141 of 2025 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to excavate the canal in the petitioners land i.e., land of an extent Ac.3.42 cents in Sy.No.499/2, situated at Adivi village, Bapatla Mandal, Bapatla District (erstwhile Guntur District) for widening the existing canal i.e., Epurupalem Straight Cut Drainage without following the any procedure as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and consequently direct the respondents not to excavate the canal in the land of the petitioner i.e., land of an extent Ac.3.42 cents in Sy.No.499/2, situated at Adivi village, Bapatla Mandal, Bapatla District (erstwhile Guntur District) for widening of existing canal i.e., Epurupalem Straight Cut Drainage and pass IA 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 respondents not to excavate the canal in the land of the petitioner i.e., land of an extent Ac.3.42 cents in Sy.No.499/2, situated at Adivi village, Bapatla Mandal, Bapatla District (erstwhile Guntur District) for widening of existing canal i.e., Epurupalem Straight Cut Drainage, during pendency of the Writ petition and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.No.28141 of 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to excavate the canal in the petitioners land i.e., land of an extent Ac.3.42 cents in Sy.No.499/2, situated at Adivi village, Bapatla Mandal, Bapatla District (erstwhile Guntur District) for widening the existing canal i.e., Epurupalem Straight Cut Drainage without following any procedure as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and consequently direct the respondents not to excavate the canal in the land of the petitioner i.e., land of an extent Ac.3.42 cents in Sy.No.499/2, situated at Adivi village, Bapatla Mandal, Bapatla District (erstwhile Guntur District) for widening of existing canal i.e., Epurupalem Straight Cut Drainage …” 2. The brief facts of the case are as follows: a) The petitioner was assigned an extent of Ac.3.42 cents in Sy.No.499/2, situated at Adivi Village, Bapatla Mandal Bapatla District (erstwhile Guntur District) by the then Tahsildar vide proceedings Rc.B.292/1395. Thereafter, the petitioner’s name was mutated in the revenue records. Since the date of the said assignment, the petitioner has been in possession of the said land has been cultivating the same. b) The case of the petitioner is that, there exists a drainage canal on the eastern side of the above said land by name Epurupalem Straight Cut Drainage Canal, which leads to the Bay of Bengal. The approximate width of the said canal is 100 meters including the bunds. Due to afflux of time, a sand 4 VS,J W.P.No.28141 of 2025 heap was formed in the said drainage canal opposite to the petitioner’s land, causing obstruction to the free flow of drainage water. c) While the matter stood thus, the respondent authorities have taken steps to widen the existing canal by excavating a portion of the petitioner’s land. Challenging the said action, the present writ petition has been filed. 3. Heard learned counsel for the petitioner, learned Assistant Government Pleaders for Irrigation as well as Revenue. 4. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the 6th respondent/Executive Engineer, Drainage Division, Chirala dated 14.10.2025, wherein it is stated that there is no proposal to widen the Epurupalem Straight Cut Drainage Canal by the Department. It is further stated that the length of the said straight cut is 10.660 km. from its starting point, and the Irrigation Department does not have jurisdiction beyond 10.660 kilometers. 5. Recording the said instructions submitted by the 6th respondent, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the respondents not to interfere with the petitioner’s land in an extent Ac.3.42 cents in Sy.No.499/2, situated at Adivi Village, Bapatla Mandal Bapatla District, without following due process of law. 5 VS,J W.P.No.28141 of 2025 6. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 14.10.2025 KGR