APHC010031812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2003/2026 Between: 1. DODDIPALLI RAJA REDDY,, S/O. CHINNA NARASAREDDY, AGED ABOUT 76 YRS, OCC. RTD LECTURER, R/O. MALTIVARIPALLI, EGAVURU POST, DIGAVOORU, CHINNAGOTTIGALLU (M), TIRUPATHI DIST. 2. DODDIPALLI SAMPATH KUMAR REDDY,, S/O. RAJA REDDY, AGED ABOUT 42 YEARS, OCC. PRIVATE JOB, R/O. MATILAVARIPALLI, EGAVURU POST, DIGAVOORU, CHINNAGOTTIGALLU (M), TIRUPATHI DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTEND ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, THIRUPATHI DISTRICT, THIRUPATHI. 3. THE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, THIRUPATHI DISTRICT, THIRUPATHI. 4. THE TAHSILDAR, CHINNAGOTTIGALLU MANDAL, TIRUPATHI DISTRICT. 2 5. THE ASSISTANT ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, CHINNAGOTTIGALLU MANDAL, TIRUPATHI DISTRICT. 6. MR GIRISH KUMAR, S/O. NOT KNOWN TO PETITIONER, MAJOR, WORKING AS ASSISTANT EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, CHINNAGOTTIGALLU MANDAL, TIRUPATHI 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 to issue an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 5th respondent in entering into the private land of the petitioners high handedly and laying road with a width of nearly 22 feet under the guise of repairing field canal through the lands of the petitioners situated in Survey Nos.182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District respectively and to declare the same as illegal, arbitrary, unjust also in violation of principles of natural justice apart from violation of Article 300-A of the Constitution of India and consequently direct the respondents not to lay any road through the lands of the petitioners situated in Survey Nos.182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District without following the procedure contemplated under law and to 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 pleased to direct the respondents not to interfere with the lands of the petitioners situated in Survey Nos. 182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District and lay road under the guise of repairs of field canal in the interest of justice and to pass Counsel for the Petitioner(S): 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 3 2. GP FOR IRRI AND CAD The Court made the following: 4 ORDER: The Writ Petition has been filed aggrieved by action of respondent No.5 in entering into the petitioners’ private land high-handedly and laying road with a width nearly 22 feet under the guise of repairing field canal through the lands of the petitioners situated in Survey Nos.182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District, without following law. 2. Heard Sri G.L.Nageswar Rao, learned counsel for the petitioners, Sri Somaraju, learned Government Pleader for Irrigation and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue appearing for the respondents. 3. While reiterating the contents in the affidavit, learned counsel for the petitioners submitted that the respondent authorities are trying to lay road in the petitioners' land without acquiring the same. If such road is laid high- handedly, it affects the rights of the petitioners. As such, prayed to pass appropriate orders. 4. Learned Government Pleader for Irrigation submitted that the petitioner is an encroacher, and earlier he filed writ petition vide W.P.No.24856 of 2024, which was disposed of by this Court directing the authorities to follow law while removing the encroachments. A survey was conducted, the encroachments were identified, and the same were removed by following due process of law. As of now, there is no proposal for laying any road in the petitioners’ private property. 5 5. Learned Assistant Government Pleader for Revenue, upon the instructions of the Tahsildar, Chinnagottigallu, Tirupati District, also contended that the petitioner encroached the Government canal bund and erected iron gates blocking the pathway. When the respondents tried to remove the gates, the petitioner constrained to file W.P.No.24856 of 2024. While disposing of the said writ petition, this Court directed the authorities to issue notice to all the stake holders. In pursuance of the said orders, the Tahsildar conducted a detailed survey, issued notices and passed orders vide proceedings dated 26.12.2024 directing the Mandal Revenue Inspector and Village Revenue Officer to remove the iron gates erected by the petitioner blocking the path way. Later, the same were removed and the pathway was restored for use by the villagers. 6. In reply, learned counsel for the petitioner submitted that the orders passed by the Tahsildar dated 26.12.2024 have been assailed and the petitioners have filed a writ petition challenging the same. However, learned counsel for the petitioners prayed to record the said instructions and close the writ petition. 7. Perused the record and considered the submissions. 8. The petitioners are claiming the subject property, some of them by inheritance and the other property by way of purchase. Revenue records have been filed to show that they are in possession of the property. The grievance is that the authorities are trying to lay road. The respondents contended that the petitioners are encroachers and encroachments were removed. Whether 6 the petitioners have made any encroachments and whether the authorities have removed the same or not, this Court is not inclined to go into the said aspect in the present writ petition. The said aspect can be dealt with in the other writ petition filed by the petitioner. The short point is that the authorities, under the guise of expansion of the road, are trying to lay a road in the petitioners’ private property without acquiring the same. As could be culled out from the submissions of the learned Assistant Government Pleaders, there is no proposal for laying any road in the petitioners’ land. 9. In view of the same, recording the submissions, as the authorities have no intention to lay any road in the petitioners’ private land, nothing remains for adjudication. 10. Accordingly, the Writ Petition is disposed of. It is needless to observe that if any road is to be laid in the petitioners’ private property, the authorities shall follow due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI Date: 27.01.2026 Note: Issue CC by 03.02.2026. B/o JLV 7 92 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2003/2026 Date: 27.01.2026 8 Note: Issue CC by 03.02.2026. B/o JLV