1 APHC010018462026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] MONDAY,THE NINTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 1071/2026 Between: 1. SRI MURAHARI TEA AND COOL DRINK SHOP, SHOP NO. 1, OLD HOSPITAL ROAD, OPP. CURRENT OFFICE NELLORE. REP. BY PALLIPATI VIJAY KUMAR, S/O. LATE RAMANAIAH AGED ABOUT 45 YEARS, R/O. D.NO. 20-1-2606, OLD HOSPITAL ROAD, NELLORE CITY, 524001. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY (MUNICIPAL ADMINISTRATION). SECRETARIAT BUILDINGS, VELAGAPUDI GUNTUR DISTRICT-522237 2. THE NELLORE MUNICIPAL CORPORATION, REP. BY ITS COMMISSIONER NELLORE-524001 3. THE CITY PLANNING OFFICER NELLORE, MUNICIPAL CORPORATION NELLORE.524001 ...RESPONDENT(S): Counsel for the Petitioner: 1. V ROOPESH KUMAR REDDY Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV AP The Court made the following: 2 ORAL ORDER: Heard Sri V. Roopesh Kumar Reddy, learned Counsel for the Writ Petitioner and Sri S. Vijay Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Nellore Municipal Corporation. 2. Sri S. Vijay Kumar, learned Counsel appearing on behalf of Sri A.S.C. Bose, learned Standing Counsel for Nellore Municipal Corporation, has submitted the Written Instructions furnished by the Assistant City Planner, Nellore Municipal Corporation dated 05.03.2026. Copy of it is supplied to the learned Counsel for the Writ Petitioner and the same is taken on record. The relevant portion of the Written Instruction is usefully extracted hereunder: “2. It is submitted that the site mentioned above is the encroachment in the canal poramboke land and this office has received multiple grievances to remove the canal encroachments and in this regard encroachment notice has been issued to the petitioner. 3. It is further submitted that this office, in coordination with the Irrigation Department, has proposed canal widening and renovation works at Uyyala Kaluva in the subject land. For the said public purpose, all encroachments in the canal area are required to be cleared to facilitate free flow of water and prevent flooding. In this connection for approach road purpose all the encroachers have themselves taken up removals for 5 feet from the canal boundary. 4. It is submitted that the petitioner's shop is only a temporary structure and as per field verification it is not in active use for several years. The petitioner has no legal right, title over the government canal poramboke land and is merely an unauthorized occupant.” 3. The above extract would indicate that in coordination with the Irrigation Department, Canal widening proposal has been undertaken and therefore, renovation works at Uyyala Kaluva in the subject land have been initiated. The Written Instruction would also indicate that for the said public purpose, all encroachments in the Canal area are required to be cleared in order to 3 facilitate the free flow of water and prevent flooding. It is also stated that all the encroachers have themselves undertaken the removal of encroachments for a distance of 5 feet from the Canal boundary. 4. However, learned Counsel for the Writ Petitioner submits that the Written Instruction stating that the Petitioner’s shop is not active is factually incorrect in view of the photographs at page16 of the Writ Petition. 5. Having recorded the same, this Court deems it appropriate to dispose of this Writ Petition in terms of the Written Instructions. 6. Accordingly, this Writ Petition is disposed of with the above observations. No order as to costs. 7. Needless to state that the Official Respondents shall always have the liberty to proceed in accordance with law for clearing any encroachments in the future. 8. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt:09.03.2026 Vns