1 APHC010591362024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] WEDNESDAY, THE 23rd DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30864/2024 Between: 1. BERA RAMASWAMY, S/O. PYDAIAH, AGED ABOUT 65 YEARS, OCC. AGRICULTURE, R/O. D.NO. 1-287/2, SANTHIPURAM,ANARPARTHI, EAST GODAVARI DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, FISHERIES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, RAJAHMUNDRY, EAST GODAVARI DISTRICT. 3. THE DISTRICT FISHERIES OFFICER, FISHERIES DEPARTMENT, KADIYAM MANDAL EAST GODAVARI DISTRICT. 4. THE REVENUE DEVELOPMENT OFFICER, RAJAHMUNDRY, (RAMACHANDRAPURAM) EAST GODAVARI DISTRICT 5. THE TAHSILDHAR, ANARPARTHY, EAST GODAVARI 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 tomay be pleased to issue a Writ, Order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in not considering the petitioners representation dated. 01-12- 2023 seeking removal of illegal encroachments as well as payment of 2 compensation to the petitioner in Anaparthy Village, Anaparthy Mandal, East Godavari District as being as illegal, arbitrary, unjust and violation of Article 14, 21 and 300 A of the Constitution of India and consequently direct the respodents to consider the petitioners represenation, dated. 01-12-2023 seeking removal of illegal encroachments of water canals and to payment of compensation for financial losses and pass IA NO: 1 OF 2024 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 may be pleased to direct the direct the respodents to consider the petitioners represenation, dated. 01- 12-2023 seeking removal of illegal encroachments of water canals and to payment of compensation for financial losses 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 pleased to grant leave to the petitioner herein/Respondent No.3 in the Writ Petition No. 30684 of 2024 to file counter affidavit in the above Writ Petition and pass 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 May be pleased to direct the Respondents, particularly Respondent No. 2 (The District Collector) and Respondent No. 5 (The Tahsildar), to conduct a fresh, independent physical survey of the subject fishing canals/water bodies situated at Anaparthi, East Godavari District, under the provisions of the AP Survey and Boundaries Act, 1923, by strictly relying upon the pre-2016 Old Original before 1970 year Maps/Field Measurement Books (FMB) to identify, demarcate, and restore the water bodies to their original state and remove all illegal encroachments, blockages, and obstructions, pending disposal of the main Writ Petition, and pass Counsel for the Petitioner: 1. N SUDHARSANARAO CH Counsel for the Respondent(S): 3 1. GP FOR REVENUE 2. GP FOR FISHERIES 4 The Court made the following order: The petitioner is aggrieved by the inaction on part of respondents in considering the representation dated 01.12.2023, which was submitted by the petitioner seeking removal of illegal encroachments as well as payment of compensation to the petitioner. This Court, while admitting the writ petition, directed the District Collector to examine the representation dated 01.12.2023 and pass appropriate orders in accordance with law and communicate the same to the petitioner within a period of three weeks from the date of the receipt of a copy of this order. 2. It is submitted by the learned counsel of the petitioner that the order passed by the District Collector is contrary to the findings of the Tahsildar. The learned Assistant Government Pleader appearing for the respondents submits that the District Collector had conducted a proper enquiry and also considered the report of the survey team, who have inspected the fields in Anaparthy village in various survey numbers which were pointedout by the petitioner in his representation. 3. The District Collector has also took into consideration the report of the enquiry team consisting of the District Panchayat Officer, East Godavari, Rajamahendravaram, the Inputs furnished by the Irrigation Department and the Survey Report. It was found that there was no encroachment on the banks of the canal and there was no hindrance to fishing activity, as the canal prism was clear and no obstructions to the free flow of 5 water was found. That apart, it is observed in the order of the District Collector that the lands which were shown by the petitioner to the survey team, apart from some government lands, most of the lands are zeroyati lands and that no encroachments were found in the both categories of lands shown by the petitioners, as reported by the survey team. It was also observed that the petitioner was stating zeroyati lands as Government lands. As such, the District Collector has passed a detailed order by disposing of the representation of the petitioner dated 01.12.2023 and also observed that the claim of the petitioner for grant of compensation could not be considered. 4. The learned Assistant Government Pleader appearing for the respondents further submits that, though the petitoner is a member of the Srinivasa Fishermen Co-operative Society, he is not actively participating in the affairs of the Society. That apart, it is also submitted that the Society is not interested in taking on lease the lands abutting the canals, as the said activity is not financially viable. It is also submitted that the tanks within the Gram Panchayath are not financially feasible for the Society to take on lease. As such, the claim of the petitioner is unfounded. 5. Heard the learned counsel appearing for the petitioner and the learned Assistant Government Pleader appearing for the respondents. 6. The grievance of the petitioner, as seen from the prayer in the Writ Petiton, is confined to non-consideration of his representation dated 6 01.12.2023, seeking removal of illegal encroachments and payment of compensation for the financial loss. 7. The representation of the petitioner has been disposed of by the District Collector by order dated 28.02.2025. The claim of the petitioner with regard to encroachment was unfounded and as such, the District Collector has passed a reasoned and speaking order disposing of the representation of the petitioner. No further orders are required in the writ petition, as the grievance of the petitioner has been adequately addressed. It is left open for the petitioner to file afresh, if so advised, in accordance with law. 8. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ____________________ JUSTICE HARINATH.N 23.09.2026 RJS/GCD 7 37 HON’BLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 30864 of 2024 Dt: 23.09.2026 RJS/GCD