APHC010101822025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3459] MONDAY, THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5256/2025 Between: Koduru Jagan Mohan ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. BALAJI MEDAMALLI Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following ORDER: The present Writ Petition is filed aggrieved by the action of the respondent authorities in trying to dig canal for rain water in the petitioner’s private lands to an extent of Ac.3-10 cents i.e., Ac.1-56 cents in Sy.No.181; Ac.1-00 cents in Sy.No.183 and Ac.0-54 cents in Sy.No.184 situated at Bommavaram Revenue Village, Obulavaripalli Mandal, Annamayya District, without issuing any notice or without following due process of law as illegal and arbitrary. 2 JS,J W.P.No.5256 of 2025 2. Heard Sri Balaji Medamalli, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation, appearing for the respondents. 3. The petitioner is the absolute owner and possessor of the agricultural land to an extent of Ac.3-10 cents i.e., Ac.1-56 cents in Sy.No.181; Ac.1-00 cents in Sy.No.183 and Ac.0-54 cents in Sy.No.184 situated at Bommavaram Revenue Village, Obulavaripalli Mandal, Annamayya District. The petitioner has been cultivating plantain, papaya and muskmelon and at present, muskmelon crop is standing in the said land. 4. While so, the survey personnel of the 5th respondent visited the petitioner’s agricultural lands in the third (3rd) week of January, 2025 and informed that the Irrigation officials have requested them to identify the lands for the purpose of digging a canal for avoiding the rain water into the agricultural lands from the up lands. 5. Learned counsel for the petitioner submits that without taking any action on the encroachers, the respondent authorities are proposing to dig new canal across the petitioner’s private agricultural lands without notice and without following due process contemplated under law. He further submits that if the authorities dig canal through the petitioner’s agricultural lands, he will be deprived of his agricultural lands and property. 6. In the circumstances of the case arguments, without entering into the merits of the case, the Writ Petition is disposed of, directing the respondents 3 JS,J W.P.No.5256 of 2025 not to interfere with the petitioner’s agricultural lands of an extent of Ac.3-10 cents i.e., Ac.1-56 cents in Sy.No.181, Ac.1-00 cents in Sy.No.183 and Ac.0-54 cents in Sy.No.184 of Bommavaram Revenue Village, Obulavaripalli Mandal, Annamayya District, without following due process as contemplated under law. However, it is open to the respondents to initiate or to take steps in accordance with law. No order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ___________________________ JUSTICE SUMATHI JAGADAM Date: 03.03.2025 KAS 4 JS,J W.P.No.5256 of 2025 102 THE HONOURABLE SMT JUSTICE SUMATHI JAGADAM WRIT PETITION NO: 5256/2025 Date: 03.03.2025 KAS