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2026 DAILYLAW 1553 (AP)

VARA KRUPA VARAM v. THE STATE OF ANDHRA PRADESH

WP/3353/2026 · 2026-04-15

Ravi Cheemalapati

body2026

Judgment text

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APHC010052972026 IN THE HIGH COURT OF ANDHRA PRADESH THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3353/2026 Between: 1. VARA KRUPA VARAM, C/O DHARMAYYA, 9 MOHAMMED ALL STREET, GANDHI NAGAR, KAKINADA, EAST GODAVARI DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF AP, RAJARAMMOHANARA ROAD, KAKINADA DISTRICT - 533004. KAKINADA 3. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, INDRAPALEM, KAKINADA,ANDH 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 It is therefore prayed that this Honble pass orders particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the Show Cause Notice dated 12 2026 alleging that the petitioner is in unauthorised occupation of Government land, as illegal, arbitrary, against the principles of natural justice, and contrary to the provisions of the Andhra Pradesh Irrigation Utilization and Command Area Development Act, 1984, and consequently set aside the said Show Cause Notice and further dire petitioners lawful, peaceful, and continuous possession and enjoyment of the residential house bearing Door No.H.No.3 Cheediga Village, near Gudalaavari Satram Area, and pass such ot IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 3353/2026 VARA KRUPA VARAM, C/O DHARMAYYA, 9-7-12 GVR TOWERS, MOHAMMED ALL STREET, GANDHI NAGAR, KAKINADA, EAST GODAVARI DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE STATE OF AP, RAJARAMMOHANARA ROAD, KAKINADA 533004. KAKINADA THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, INDRAPALEM, KAKINADA,ANDHRA PRADESH - 533006 ...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 It is therefore prayed that this Honble Court may be pleased to pass orders particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the Show Cause Notice dated 12 2026 alleging that the petitioner is in unauthorised occupation of Government nd, as illegal, arbitrary, against the principles of natural justice, and contrary to the provisions of the Andhra Pradesh Irrigation Utilization and Command Area Development Act, 1984, and consequently set aside the said Show Cause Notice and further direct the respondents not to interfere with the petitioners lawful, peaceful, and continuous possession and enjoyment of the residential house bearing Door No.H.No.3-183/4, G plus 1, situated at Cheediga Village, near Gudalaavari Satram Area, and pass such ot IN THE HIGH COURT OF ANDHRA PRADESH [3332] THURSDAY, THE SIXTEENTH DAY OF APRIL THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI 12 GVR TOWERS, MOHAMMED ALL STREET, GANDHI NAGAR, KAKINADA, EAST ...PETITIONER THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THE STATE OF AP, RAJARAMMOHANARA ROAD, KAKINADA THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, 533006 ...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 Court may be pleased to pass orders particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the Show Cause Notice dated 12-1- 2026 alleging that the petitioner is in unauthorised occupation of Government nd, as illegal, arbitrary, against the principles of natural justice, and contrary to the provisions of the Andhra Pradesh Irrigation Utilization and Command Area Development Act, 1984, and consequently set aside the said Show ct the respondents not to interfere with the petitioners lawful, peaceful, and continuous possession and enjoyment of the 183/4, G plus 1, situated at Cheediga Village, near Gudalaavari Satram Area, and pass such other order 2 or orders as this Honble Court may deem fit and proper in the circumstances of the case. Prayer is amended as per the Court's Order dt.01.04.2026 in I.A.No.02 of 2026. 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 to direct the respondents not to interfere with the petitioners lawful, peaceful, and continuous possession and enjoyment of the residential house bearing Door No. H.No.3-183/4, G+1, situated at Cheediga Village, near Gudalaavari Satram Area, pending finalization of the writ petition and pass IA NO: 2 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 to Permit the petitioner to amend the existing prayer i.e this Hon'ble court may be pleased to pass orders particularly one in the nature of writ of Mandamus declaring the action of the 4th respondent in issuing the Show Cause Notice dated 22-12-2025 alleging that the petitioner is in unauthorised occupation of Government land, as illegal, arbitrary, against the principles of natural justice, and contrary to the provisions of the Andhra Pradesh Irrigation Utilization and Command Area Development Act, 1984, and consequently set aside the said Show Cause Notice and further direct the respondents not to interfere with the petitioner’s lawful, peaceful, and continuous possession and enjoyment of the residential house bearing Door No. H.No.3-183/4, G+1, situated at Cheediga Village, near Gudalaavari Satram Area, And pass such other order or orders as this Hon’ble Court may deem fit and proper in the facts and circumstances of the case, in the interest of justice and equity and pass such other or further orders as this Hon’ble court deems fit and proper in the circumstances of the case . Amend the same as New prayer i.e. this Hon’ble court may be pleased to pass orders particularly one in the nature of writ of Mandamus declaring the action of the 3rd respondent in issuing the Show Cause Notice dated 12-1-2026 alleging that the petitioner is in unauthorised occupation of Government land, as illegal, arbitrary, against the principles of natural justice, and contrary to the provisions of the Andhra Pradesh Irrigation Utilization and Command Area Development Act, 1984, and consequently set aside the said Show Cause Notice and further direct the respondents not to interfere with the petitioner’s lawful, peaceful, and continuous possession and enjoyment of the residential house bearing Door No. H.No.3-183/4, G+1, situated at Cheediga Village, near Gudalaavari Satram Area, And pass Counsel for the Petitioner: 1. POSA VENKATA BHAVYA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD 3 The Court made the following order: Challenging the show cause notice vide Notice No.DEE/WRSA/KKD Sec 13, dated 22.12.2025 issued by respondent No.4, wherein it has been alleged that the petitioner is in unauthorized occupation of Government land, the present Writ Petition is filed. 2. Learned counsel for the petitioner submits that the issue involved in this Writ Petition is squarely covered by the order dated 09.02.2026 passed by this Court in Writ Petition No.3574 of 2026 and prayed to pass similar order in this Writ Petition also. 3. Learned Assistant Government Pleader for Irrigation Department reported no objection and submitted that the present case is squarely covered by the order passed in Writ Petition No.3574 of 2026. 4. Taking the above submissions of learned counsel for the parties into consideration and for the reasons recorded in Writ Petition No.3574 of 2026, this Writ Petition is disposed of in terms of the order dated 09.02.2026 passed in Writ Petition No.3574 of 2026. There shall be no order as to costs. 5. Registry is directed to attach a copy of the order dated 09.02.2026 passed in Writ Petition No.3574 of 2026 to this order. As a sequel thereto, interlocutory applications pending, if any in the writ petition, shall also stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI 16.04.2026 MP 4 205 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION No.3353 of 2026 Dated: 16.04.2026 MP