IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 5836 OF 2024 Between: 1. N.Mohan Naidu, S/o. Late Ramachandhra Naidu, Aged about 61, resident of 2-104, Rachagunneri Village, SriKalashasthi, Tirupati A.P.- 517641, 2. Bollineni Jaganadham Naidu, S/o. Late Doraswamy Naidu Aged about 48 years, resident of 2-77-1, Rachagunneri Village, SriKalashasthi, Tirupati, A.P.- v517641 ...PETITIONERS AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary/, Irrigation and Water Resource Department, A.P. Secretariat,Velagapudi, Amaravathi. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary/, Panchayath Raj and Rural Development department, A.P. Secretariat,Velagapudi, Amaravathi. 3. The State of Andhra Pradesh, Rep. by its Principal Secretary/, Revenue department, A.P. Secretariat,Velagapudi, Amaravathi. 4. Executive Engineer, Water resource department. Irrigation department Tirupati District 5. District Panchayath Officer, Tirupati District 6. Panchayath Secretary, Rachagunneri Grama Panchayath, Srikalahasthi Mandal Tirupathi District 7. The District Collector, Tirupathi District A 8. The Revenue Development Officer, Srikalahasthi Mandal, Tirupathi District 9. The Tahsildar, Rachagunneri Village, Srikalahasthi Mandal, Tirupathi District 10. Sadhana Ravi Babu, S/o. S.Saibaba, Aged about 45 Karnala Veedhi, D.No. 3-447, Srikalahasthi Town, Tirupati District. ll.Vaddlamudi Narendra Babu, S/o. Doraswamy Naidu, Aged about 46 years D.No. 2570 Kavali Street Vadamalapeta Village and Mandal Tirupati District. ...RESPONDENTS Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or a direction, particularly on^ in the nature of Writ of Mandamus, more declaring the inaction of the respondents in not preventing the unofficial respondents from making illegal constructions on the to protect the water bodies in Survey No. 296 comprised in land ad measuring acre 11.15 Cents despite submitting representations given by the petitioners as illegal, arbitrary, against the principals of natural justice and in violation of Article 300A of the Constitution of India, and consequently direct the respondents (1) to remove constructions made by the respondent 11 on the tank bund, (2) restore the tank bund of the Rachgunneri cherruvu. ' lA NO: 1 OF 2024 Petition under Section 151 CPC is filed praying that in th4 circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to make any constructions in Survey No. 296 on the Rachagunneri Tank. lA NO: 2 OF 2024 Between: 1. The State of Andhra Pradesh, Rep. by its Principal Secretary/, Irrigation and Water Resource Department, A.P. Secretariat,Velagapudi, Amaravathi. 2. Executive Engineer, Water resource department. Irrigation department Tirupati District ...PETITIONERS/RESPONDENTS AND 1. N.Mohan Naidu, S/o. Late Ramachandhra Naidu, Aged about 61, resident of 2-104, Rachagunneri Village, SriKalashasthi, Tirupati A.P.- 517641, 2. Bollineni Jaganadham Naidu, S/o. Late Doraswamy Naidu Aged about 48 years, resident of 2-77-1, Rachagunneri Village, SriKalashasthi, Tirupati, A.P.-517641 ...RESPONDENT/PETITIONER 3. The State of Andhra Pradesh, Rep. by its Principal Secretary/, Panchayath Raj and Rural Development department, A.P. Secretariat,Velagapudi, Amaravathi. 4. The State of Andhra Pradesh, Rep. by its Principal Secretary/, Revenue department, A.P. Secretariat,Velagapudi, Amaravathi. 5. District Panchayath Officer, Tirupati District 6. Panchayath Secretary, Rachagunneri Grama Panchayath, Srikalahasthi Mandal Tirupathi District 7. The District Collector, Tirupathi District 8. The Revenue Development Officer, Srikalahasthi Mandal, Tirupathi District 9. The Tahsildar, Rachagunneri Village, Srikalahasthi Mandal, Tirupathi District I r k ■. 10. Sadhana Ravi Babu, S/o. S.Saibaba, Aged about 45 Karnala Veedhi, D.No. 3-447, Srikalahasthi Town, Tirupati District. ll.Vaddlamudi Narendra Babu, S/o. Doraswamy Naidu, Aged about 46 years D.No. 2570 Kavali Street Vadamalapeta Village and Mandal Tirupati District. ...RESPONDENTS/ RESPONDENTS Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim orders dated 12- 03-2024 in WP No. 5836 of 2024 and dismiss the Writ Petition. Counsel for the Petitioners: SRI TIRUMALA VIDYA CHARAN Counsel for the Respondent Nos. 1 & 4 : GP FOR IRRIGATION COMM AREA DEV ^ Counsel for the Respondent Nos. 3, 7 to 9 : GP FOR REVENUE •r. Counsel for the Respondent Nos. 2 & 5 : GP FOR PANCHAYAT RAJ AND RURAL DEVELOPMENT Counsel for the Respondent No.6: SRI VENKATA REDDY GAJJALA (SC ^ . FORZPPS, MPPS&GP) Counsel for the Respondent No. 10: SRI G RAMESH BABU Counsel for the Respondent No. 11: —- The Court made the following: ORDER APHC010109012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3311] MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 5836/2024 Between: N.Mohan Naidu and Others ...PETITIONER(S) AND The State of Andhra Pradesh and Others ...RESPONDENT{S) Counsel for the Petltloner(S): 1.TIRUMALAVIDYACHARAN Counsel for the Respondent(S): 1.VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 2.GP FOR REVENUE 3.GP FOR PANCHAYAT RAJ RURAL DEV 4.G RAMESH BABU 5.GP FOR IRRIGATION COMM AREA DEV The Court made the following: 2 BSB, J W.P.No.5836of2024 ORDER: This writ petition is filed seeking the following relief; “...to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not preventing the unofficial respondents from making illegal constructions on the tank to protect the water bodies in Survey No.296 comprised in land admeasuring Ac. 11.15 cents despite submitting representations given by the petitioners as illegal, arbitrary, against the principles of natural justice and in violation of Article 300-A of the Constitution of India, and consequently direct the respondents (1) to remove constructions made by the respondent No. 11 on the tank bund, (2) restore the tank bund of the Rachgunneri Cheruvu and to pass such other and further order or orders as I am entitled to in the circumstances of the case.” 2. The case of the petitioners is as follows: The petitioner No.1 is the owner of the land admeasuring an a. extent of Ac.9.09 cents situated in Sy.Nos.225/9, 237/2, 238/5, 241/8 242/5, 245/4, 245/5, 245/6, 245/7, 245/8, 245/9, 246/4 and 332/6 in Rachguneri village, Srikalahasti Mandal, Chittoor district. Having purchased these lands through registered sale deeds, the petitioner No.1 has been in continuous and uninterrupted possession and enjoyment of the same from the date of the purchase. 3 BSB,J W.P.No.5836of 2024 V The petitioner No.2 is the owner of land admeasuring Ac.5.36 b. cents situated in Survey Nos.226/4B, 241/5B, 263/1 A, 263/IB, 263/2A, 263/3, 268/18, 273/IB, 273/27, 316/8A, 317/2D/1, 337/10, 337/11, and 337/12 in Rachguneri village, Srikalahasti Mandal, Tirupati district and has been in possession and enjoyment of the above land. The lands of the petitioners are situated adjacent to 3. Rachagunneri Cheruvu (tank) and the source of irrigation for their lands is the water drawn from the tank. The petitioners have been cultivating paddy in the lands for the last two decades. Rachagunneri tank is separated into two by a railway track with sluices connecting the. two parts of the tank. The top half of the tank is filled with water and is the only source of water for the neighboring villages and the bottom half of the tank comprised in Sy.No.296/2a of Ac.11.15 cents was filled and made fit for agriculture. While so, a private company by name ECL set up a factory on the 4. banks of the tank and has been operating for the last 30 years. In the recent past, the personnel belonging to the factory have been dumping mud and rubbish and other waste using tipper lorries into the tank lands polluting the water which is used by the entire village for agriculture and household purposes. Further, the 8^'^ respondent started laying house plots in the DKT lands without obtaining permission from the respondent BSB, J W.P.No.5836of 2024 officials and started constructing multi-storied buildings in the land belonging to the 10'*^ respondent. Thus, construction of buildings in the tank area would cause damage to the tank bund and would result in floods. Even after repeated representations and personal visits steps have been taken by the respondent authorities to prevent the illegal activities of the unofficial respondents. Hence, this writ petition. no 6. This Court, while ordering notice before admission, granted interim direction to the respondents not to allow any further construction whatsoever within the tank bed around bund of Rachagunneri Cheruvu in Sy.No.296, vide order, dated 12.03.2024 in I.A.No.1 of 2024. 7. The respondents filed I.A.No.2 of 2024 to vacate the interim order, dated 12.03.2024, passed in the writ petition along with a In the counter filed by 4*^ respondent, it was stated that Rachaguneri Tank located near Rachagunneri village in Srikalahasti Mandal, Tirupathi district is separated into two parts by a railway track with sluices connecting the two parts of the tank; the top half of the Tank counter. is filled with water and is the only source of water for the neighboring villages and the bottom half of the tank comprised in Sy.No.296/2a, various persons have been cultivating the lands in an extent of Ac. 11.15 cents with the help of the tank water and during rainy season, the lands would get inundated with water. While so, a representation was 5 BSB, J W.P.No.5836 of 2024 received from Rachagunneri Gram Sarpanch stating about the illegal constructions that are taking place in Rachagenneri tank bed in Sy.No.296 of Rachagunneri village. The officials of the Water Resource i th Department have inspected the site and observed that the 11 respondent started construction of building in the DKT lands without any permission in the land of the 10‘^ respondent. It was further stated that th the Water Resources department had issued notice to the 10 respondent to stop the construction and to evict the encroached area of Rachagunneri tank bed. Further, the information was communicated to the 9*^ respondent for eviction of the encroachments in and around Rachagunneri tank of Srikalahasti Mandal, as he is the competent authority for eviction of the encroachments in the government lands. It was finally prayed to vacate the interim order and to dismiss the writ petition. 8. Heard the learned counsel for the parties. The only grievance of the petitioners is regarding the inaction of the official respondents in preventing the unofficial respondents from making illegal constructions on the tank area to protect the water bodies. The counter of the 4*^ respondent indicates that steps were already initiated in this regard, but its strict implementation is required. 9. 6 BSB,J W.P.No.5836of 2024 As such, the Writ Petition is disposed of directing the concerned official respondents, particularly the 8'^ respondent to forthwith take action as per law for preventing the unauthorized constructions in the 10. tank bed area. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. SD/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// S OFFICER To, 1. The Principal Secretary, Irrigation and Water Resource Department, A.P. Secretariat,Velagapudi, Amaravathi State of Andhra Pradesh. 2. The Principal Secretary, Panchayath Raj and Rural Development department, A.P. Secretariat,Velagapudi, Amaravathi, State of Andhra Pradesh. 3. The Principal Secretary, Revenue department, A.P. Secretariat, Velagapudi, Amaravathi, State of Andhra Pradesh. 4. The Executive Engineer, Water resource department. Irrigation department Tirupati District 5. The District Panchayath Officer, Tirupati District . 6. The Panchayath Secretary, Rachagunneri Grama Panchayath, Srikalahasthi Mandal Tirupathi District 7. The District Collector, Tirupathi District 8. The Revenue Development-Officer, Srikalahasthi Mandal, Tirupathi District 9. The Tahsildar, Rachagunneri Village, Srikalahasthi Mandal, Tirupathi District 10. One CC to Sri Tirumala Vidya Charan Advocate [OPUC] 11. Two CCs to GP for Irrigation Comm Area Dev, High Court of Andhra Pradesh. [OUT] i fk> 12. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh. [OUT] 13. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 14. One CC to Sri Venkata Reddy Gajjala (SC for ZPP, MPP & Gram panchayat) Advocate [OPUC] 15. One CC to Sri G Ramesh Babu, Advocate [OPUC] 16. Three CD Copies / I TF ■j HIGH COURT DATED:27/01/2025 ORDER WP.No.5836 of 2024 ? 0 3 FEB 2025 ^ . Current Section ^ ft DISPOSING OF THE W.P., WITHOUT COSTS