APHC010003852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIFTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 352/2026 Between: 1. BOMMIDI DEVENDRA RAJU, S/O B VISWANADHAM, AGED ABOUT 41 YEARS, R/O D.NO.1-73, YETIGATTU, ANTARVEDI PALLIPALEM, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 2. BOMMIDI VISWANADHAM,, S/O B MANGARAJU, AGED ABOUT 65 YEARS, R/O D. NO.1-73, YETIGATTU, ANTARVEDI PALLIPALEM, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 3. BOMMIDI SATYAVATHI,, W/O B VENKATESWARLU, AGED ABOUT 51 YEARS, R/O D.NO.1-75, YETIGATTU, ANTARVEDI PALLIPALEM, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 4. BASAVANI VERA RAGHAVULU,, W/O B DHARMARAJU, AGED ABOUT 50 YEARS, R/O D.NO.1-77, YETIGATTU, ANTARVEDI PALLIPALEM, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, 2 VS,J W.P.No.352 of 2026 SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, DR.B.R.AMBEDKAR KONASEEMA DISTRICT, AMALAPURAM. 3. THE TAHSILDAR, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 4. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. 6. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, VASISHTA LEFT BANK (LOWER) DIVISION, RAZOLE, DR. B.R.AMBEDKAR KONASEEMA DISTRICT. 7. THE ANTARVEDI PALLIPALEM GRAM PANCHAYAT, REPRESENTED BY PANCHAYAT SECRETARY, ANTARVEDI PALLIPALEM, SAKHINETIPALLI MANDAL, DR.B.R.AMBEDKAR KONASEEMA 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 a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the Notice vide Lt.No.90R, dt.15-12- 2025 issued by the Respondent No.6 herein to remove petitioners houses and evict us from houses bearing D.No.1-73 (Assessment No.69), D.No.1-73 (Assessment No.79), D.No.1-75 and D.No.1-77 in an extent of Ac.0.03.cts each, in R.S No.1018/1A of Antarvedi Pallipalem, Sakhinetipalli Mandal, Dr.B.R.Ambedkar Konaseema District, without issuing any prior notice calling for explanation, is illegal, arbitrary, violative of Principles of Natural Justice and Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Notice dt.15-12-2025 issued by the Respondent No.6 herein 3 VS,J W.P.No.352 of 2026 and further direct the Respondents not to demolish and evict petitioners from petitioners Houses stated supra 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 pleased to direct the Respondents herein, not to interfere with petitioners peaceful possession and enjoyment of houses bearing D.No.1-73 (Assessment No:69), D. No.1-73 (Assessment No:79), D. No.1-75 and D.No.1-77 in an extent of Ac.0.03.cts each, in R.S No.1018/1A of Antarvedi Pallipalem, Sakhinetipalli Mandal, Dr. B.R.Ambedkar Konaseema District, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1. T V JAGGI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 4 VS,J W.P.No.352 of 2026 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the Notice vide Lt.No.90R, dt.15-12-2025 issued by the Respondent No.6 herein to remove petitioners houses and evict us from houses bearing D.No.1-73 (Assessment No.69), D.No.1-73 (Assessment No.79), D.No.1-75 and D.No.1-77 in an extent of Ac.0.03.cts each, in R.S No.1018/1A of Antarvedi Pallipalem, Sakhinetipalli Mandal, Dr.B.R.Ambedkar Konaseema District, without issuing any prior notice calling for explanation, is illegal, arbitrary, violative of Principles of Natural Justice and Articles 14, 21 and 300-A of the Constitution of India and consequently set aside the Notice dt.15-12-2025 issued by the Respondent No.6 herein and further direct the Respondents not to demolish and evict petitioners from petitioners Houses.….” 2. The 1st petitioner herein is the owner and possessor of house bearing D.No.1-73 (Assessment No.69) in an extent of Acs.0.03 cent, the 2nd petitioner is the owner and possessor of house bearing D.No.1-73 (Assessment No.79) in an extent of Acs.0.03 cents, the 3rd petitioner is the owner and possessor of house bearing D.No.1-75 in an extent of Acs.0.03 cents and the 4th petitioner is the owner and possessor of D.No.1-77 in an extent of Acs.0.03 cents, situated in R.S.No.1018/1A of Antarvedi Pallipalem,Sakhinetipalli mandal, Dr.B.R. Ambedkar Konaseema District. The said properties were also assessed by the 7th respondent and issued door numbers. 5 VS,J W.P.No.352 of 2026 3. While the matter stood thus, the 6th respondent, vide notice dated 15.12.2025 alleged that the petitioners herein have encroached upon the Government irrigation land at Km.No.90/4-6 at Vasista Left bank Canal bund by raising sheds and causing obstructions to Government developmental activities. Further, the petitioners were directed to vacate the subject property within a period of three days from the receipt of the notice. Challenging the said notice, this writ petition is filed. 4. Heard Sri. T.V. Jagg Reddy, learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation. 5. On a perusal of the entire material available on record, it can be seen that the petitioners were assigned pattas granting the aforementioned house plots on 10.11.2016 and ever since, the petitioners have been in possession and peaceful occupation of the same by constructing houses. Further, the 6th respondent has also assessed petitioners’ houses, issued door numbers and is collecting house tax. The petitioners are in possession of the subject property from the year 2016. 6. Even if it is true that the petitioners have encroached the Government irrigation land as mentioned in the impugned notice, it is for the respondents to primarily issue a show cause notice to the petitioners calling for their 6 VS,J W.P.No.352 of 2026 explanation and then to pass appropriate eviction orders, if necessary. Without doing so, the 6th respondent should not have straightway issue the impugned notice dated 15.12.2025, directing the petitioners to vacate the subject property within three days, which undisputedly is in violation of principles of natural justice. Even otherwise, a perusal of the impugned notice would go to show that mere allegations were made that the petitioners have encroached the Government land, but it is not mentioned to what extent they have encroached the Government land. 7. In view of the above, this writ petition is disposed of directing the petitioners to submit an explanation to the impugned notice dated 15.12.2025 treating it as a show cause notice by duly enclosing all the relevant documents to prove their title over the subject property, within a period of three (3) weeks from the date of receipt of a copy of this order. On receipt of such explanation, the 6th respondent shall conduct an enquiry and pass appropriate orders in accordance with law, within a period of four (4) weeks thereafter. Till such time, no coercive steps shall be initiated by the respondents pursuant to the impugned notice dated 15.12.2025. 8. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. 7 VS,J W.P.No.352 of 2026 Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ______________________ JUSTICE V.SUJATHA 05.01.2026 Gss