APHC010444742026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE 15th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 24176/2026 Between: 1. M V LAKSHMI KANTHAMMA, W/O. LATE M.V. PEDDA AYYANNA, AGED ABOUT 61 YEARS, OCC HOUSE WIFE, R/O. H.NO.40-70-A, BANGARUPETA, KURNOOL TOWN, KURNOOL DISTRICT-518004. 2. SRI. M.V. BHAVANI SHANKAR,, W/O. LATE M.V. PEDDA AYYANNA, AGED ABOUT 42 YEARS, OCC PUJARI, R/O. H.NO.40-38-A, BANGARUPETA, KURNOOL TOWN, KURNOOL DISTRICT-518004. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI-522238. 2. THE DISTRICT COLLECTOR, KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH-518004. 3. THE KURNOOL MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER, KURNOOL CITY, KURNOOL DISTRICT, ANDHRA PRADESH-518004. 4. THE TAHSILDAR, KURNOOL MANDAL, KURNOOL DISTRICT, ANDHRA PRADESH-518004. 5. THE ASSISTANT DIRECTOR, SURVEY AND LAND RECORDS, KURNOOL DISTRICT, KURNOOL, ANDHRA PRADESH-518004.. 6. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, KURNOOL CIRCLE, KURNOOL DISTRICT, ANDHRA PRADESH- 518004. 7. THE EXECUTIVE ENIGNEER, PW, IRRIGATION DEPARTMENT, KURNOOL, KURNOOL DISTRICT, ANDHRA PRADESH-518004. 8. THE DEPUTY EXECUTIVE ENIGNEER, SUB-DIVISION, IRRIGATION DEPARTMENT, NANDIKOTKURU, KURNOOL DISTRICT, ANDHRA PRADESH-518401. ...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 toissue an appropriate Writ, Order or Direction, more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the Respondents in interfering with my peaceful possession and enjoyment of the subject property by erecting cement poles/stones situated in Sy.No.176/1 admeasuring Ac.1.12 cents and Sy.No.176/2 admeasuring Ac.0.18 cents at Bangarupeta, Kurnool Town, Kurnool District, without issuing any notice and without following due process of law, as illegal, arbitrary, unreasonable and violative of Articles 14, 21 and 300-A of the Constitution of India and contrary to the order passed in WA.No.640 of 2018, and consequently direct the Respondents to remove the cement poles/stones erected in the petitioner land IA NO: 1 OF 2026 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 restrain the Respondents, their subordinates or any persons acting on their behalf, from in any manner interfering with the Petitioner's peaceful possession and enjoyment of the subject land admeasuring Ac.1.12 cents in Sy. No. 176/1 and Ac.0.18 cents in Sy. No. 176/1 and Ac.0.18 cents in Sy. No. 176/2, situated at Bangarupeta, Kurnool Town, Kurnool District by directing the Respondents to forthwith remove the cement poles/stones illegally erected by them in the Petitioner's subject land, Pending final disposal of the main Writ Petition Counsel for the Petitioner(S): 1. GAJJALA MALLIKARJUNA REDDY Counsel for the Respondent(S): 1. POTHAM VENGALA REDDY SC For M.Corporation in Rayalaseema region In 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: ORDER Heard Sri G.Mallikarjuna Reddy, learned counsel for the petitioners, Sri K.Vijay, learned Assistant Government Pleader for Irrigation, for the respondents 1, 6 to 8 and Sri Divya Teja, learned Assistant Government Pleader for Revenue, for the respondents 2, 4 & 5. 2. The above writ petition is filed to declare the action of respondents 4, 7 and 8 in interfering with petitioner’s possession and enjoyment of an extent of Ac.1.12 cents in S.No.176/1 and Ac.0.18 cents in S.No.176/2 situated in Bangarupeta, Kurnool Town, Kurnool District, without issuing any notice, as illegal and arbitrary. 3. When the writ petition is listed on 08.09.2026, the 4th respondent- Tahsildar submitted written instructions, wherein it was stated thus: “In this regard, the Mandal Surveyor, Kurnool Urban Mandal has inspected the land and submitted report that the Pillar No.29 was erected in Sy.No.176/2 and Pillar No.30 was erected in Sy.No.177/1B, as per the RSR the Sy.No.176 was derived from 823-B and Sy.No.177 was derived from 824 of Kallur Village, the said survey numbers were transferred from Kallur Village to Kurnool Village. During the course of the survey conducted in Sy.No.176, discrepancies in the coordinates were noticed, due to which the pillars were erected in the petitioner claimed land i.e., in Sy.No.176/2. Further, it is submitted that vide in the reference 4th cited, a letter has been addressed to the Irrigation Department for removal of the Pillar No.29 in Sy.No.177/1B and Pillar No. 30 in Sy.No.176/2, Kurnool Village of Kurnool Urban Mandal. The correct and revised coordinates will be furnished to the Irrigation Department for taking necessary action for erection of the pillars at the appropriate locations, after due verification of the relevant survey and revenue records.” Given the above instructions, at the request of learned Assistant Government Pleader for Irrigation, the writ petition is adjourned to take further steps. 4. Today, when the matter is taken up for consideration, Sri K.Vijay, learned Assistant Government Pleader for Irrigation, submitted the instructions of the 7th respondent-Executive Engineer, wherein it was stated that Pillar No.29 in S.No.176/2 and Pillar No.30 in S.No.177/1B, were removed on 09.09.2026. 5. The written instructions of the 7th respondent, Executive Engineer, are made part of the record. 6. Given the written instructions of the 7th respondent, the Writ Petition is disposed of at the admission stage, with the consent of learned counsel on either side, directing the respondent authorities not to interfere with the petitioner’s possession and enjoyment of an extent of Ac.1.12 cents in S.No.176/1 and Ac.0.18 cents in S.No.176/2 situated in Bangarupeta, Kurnool Town, Kurnool District, without following due process of law. No order as to costs. As a sequel, all the pending miscellaneous applications shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD