APHC010457772023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23619/2023 Between: 1. MALLU SOMESWARA REDDY, S/O PULLA REDDY, AGED ABOUT 69 YEARS, OCC- AGRICULTURE, R/O AKUMALLA VILLAGE OF SANJAMALA MANDAL KURNOOL DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS SECRETARY, IRRIGATION AND CAD DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE SUPERINTENDING ENGINEER, SRISAILAM RESERVE BANK CANAL (SRBC), NANDYAL, NANDYAL DISTRICT. 3. THE EXECUTIVE ENGINEER, SRISAILAM RESERVE BANK CANAL (SRBC), KOILAKUNTLA, NANDYAL DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER, SRISAILAM RESERVE BANK CANAL SUB-DIVISION, (SRBC), OWK, 2 VS,J W.P.NO.23619 OF 2023 NANDYAL DISTRICT. 5. THE DISTRICT COLLECTOR, NANDYAL DISTRICT NANDYAL. 6. THE REVENUE DIVISIONAL OFFICER, NANDYAL, NANDYAL DISTRICT 7. THE TAHSILDAR, SANJAMALA MANDAL, NANDYAL DISTRICT. 8. EDULA HARINATHA REDDY, S/O SIVA REDDY AGED ABOUT 43 YEARS, OCC- AGRICULTURE R/O AKUMALLA VILLAGE, SANJAMALA MANDAL, 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the action of the respondent authorities in digging the Sub-Canal (Pillakaluva) from the petitioner's land in Sy.Nos. 581/1 and 580/2 admeasuring Ac. 2.50 cents and Ac. 2.82 cents situated at Akumalla village, Sanjamala Mandal, Nandyal District at the behest of the unofficial respondent, without any notice and without following the due process of Law, inspite of the legal notice dt. 24-7-2023, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities not to take any coercive steps without following the due process of Law, and to grant 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 grant stay of all further proceeding including the digging of the sub-canal work through the lands of the petitioners in Sy.Nos. 581/1 and 580/2 3 VS,J W.P.NO.23619 OF 2023 admeasuring Ac. 2.50 cents and Ac. 2.82 cents situated at Akumalla village, Sanjamala Mandal, Nandyal District, without following the due process of Law, pending disposal of the main Writ Petition IA NO: 2 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 vacate the interim orders dt: 13-09-2023 in I.A.No.1 of 2023 in W.P.23619 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner: 1. J JANAKIRAMI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.NO.23619 OF 2023 ORDER:- This writ petition is 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, to declare the action of the respondent authorities in digging the Sub-Canal (Pillakaluva) from the petitioner's land in Sy.Nos. 581/1 and 580/2 admeasuring Ac.2.50 cents and Ac.2.82 cents situated at Akumalla village, Sanjamala Mandal, Nandyal District at the behest of the unofficial respondent, without any notice and without following the due process of Law, inspite of the legal notice dt. 24-7-2023, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities not to take any coercive steps without following the due process of Law...” 2. The petitioner is the absolute owner, pattadar and possessor of the agricultural lands in Sy.Nos.580/1 and 580/2, admeasuring Ac.2-50 cents and Ac.2-82 cents respectively situated at Akumalla village, Sanjamala Mandal, Nandyal District (erstwhile) Kurnool District. The revenue officials have also issued the pattadar pass book and title deed in the name of the petitioner, and the petitioner’s name has been duly incorporated in the revenue records. Since then, the petitioner has been in peaceful possession and enjoyment of the said lands. 5 VS,J W.P.NO.23619 OF 2023 3. The case of the petitioner is that SRBC canal flows from east to west towards north in the field limits of Alvokonda fields. There is a rasta running from Kanala to Chanugondal villages via Alvokonda fields, which lies between the petitioner’s land and the SRBC canal. There are no sub-canals (pilla Kaluva) passing through the petitioner’s land and the unofficial respondent owns land situated towards the southern side of the petitioner’s property. 4. The grievance of the petitioner is that the unofficial respondent, due to political rivalry and without any manner of right, title or interest, attempted to dig a sub-field canal through the petitioner’s land, thereby causing obstruction and interference with the petitioner’s peaceful possession and enjoyment. The petitioner has instituted a suit, O.S.No.143 of 2019, on the file of learned Junior Civil Judge, Koilkuntla, seeking relief of perpetual injunction against the unofficial respondent herein. In the said suit, the Court below granted Status Quo orders, which are still in force as on date. However, despite the subsistence of the said orders, the official respondents have failed to prevent the unofficial respondent from proceeding with the digging of the sub- 6 VS,J W.P.NO.23619 OF 2023 canal (pilla kaluva) through the petitioner’s land. Aggrieved thereby, the petitioner has filed the present writ petition. 5. Heard learned counsel for the petitioner and learned counsel for the respondents. 6. Today when the matter came up for hearing, the learned Assistant Government Pleader for Revenue have furnished a copy of instructions of the 7th respondent vide Rc.B.242/2025, dated 27.10.2025, wherein it is stated that: “that the village surveyor and village revenue officer, Akumalla village have conducted filed enquiry and reported that SRBC canal is passing through the land in Sy.No.581/2 for an extent of Ac.0.80 cents but on verifying FMD the SRBC canal passing with sight change in the alignment of the Sy.No.581/2 and on verifying the filed the location of SRBC canal was changed to the pattadar’s filed bunds or boundaries. They further reported that the SRBC canal is not passing through the petitioner’s land and as the petitioner’s said, there is no sub canal and pillakaluva was existing in petitioner’s land and also not entered in revenue records and FMBs of Akumalla village. Further I submit that the said land is under enjoyment and cultivation of the petitioner. Regarding the change of alignment of canal in said land, issue belongs to Irrigation department only.” 7. As per the said instructions fo the 7th respondent, it appears that no such sub-canal or pillakaluva are existing in the petitioner’s land as on today and the land claimed by the petitioner is under his peaceful possession and enjoyment till date, the writ petition is disposed of, with a liberty to the petitioner 7 VS,J W.P.NO.23619 OF 2023 to recourse his grievance in the suit filed by him in the trial court in O.S.No.143 of 2019. No costs. 8. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :28.10.2025 LSP 8 VS,J W.P.NO.23619 OF 2023 175 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23619/2023 28.10.2025 LSP