APHC010079802022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4876/2022 Between: 1. R. LAKSHMI PRASANNA,, W/O. VENKATA SUBBA REDDY, AGED ABOUT 47 YEARS, R/O. DUMPALAGATTU VILLAGE, KHAJIPET MANDAL, Y.S.R. KADAPA DISTRICT, ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDING, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT KADAPA, Y.S.R. KADAPA DISTRICT. 3. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT K.C.CANAL, Y.S.R.KADAPA DISTRICT 4. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, KHAJIPET MANDAL, Y.S.R. KADAPA DISTRICT. 5. THE DISTRICT COLLECTOR, , KADAPA, Y.S.R. KADAPA DISTRICT. 6. THE TAHSILDAR, KHAJIPET MANDAL, Y.S.R. KADAPA DISTRICT. 7. THE DUMPALAGATTU GRAMAPANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, KHAJIPETA MANDAL, Y.S.R. KADAPA DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.4876 of 2022 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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to demolish the Mineral Water Plant to an extent of Ac. 0.005 cents and removal of the trees which is established for Village Park to an extent of Ac. 0.43 cents in Sy. No. 1388, situated at Dumpalagattu Grampanchayat, Khajipet Mandal, Y.S.R. Kadapa District as illegal, arbitrary, unconstitutional and violation of Articles 14, 16 and 300-A of the Constitution of India and consequently direct the respondents not to demolish the Mineral Water Plant to an extent of Ac. 0.005 cents and not to remove the trees which is established for Village Park to an extent of Ac. 0.43 cents in Sy. No. 1388, situated at Dumpalagattu Grampanchayat, Khajipet Mandal, Y.S.R. Kadapa District and to pass IA NO: 1 OF 2022 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 demolish the Mineral Water Plant to an extent of Ac. 0.005 cents and not to remove the trees which is established for Village Park to an extent of Ac. 0.43 cents in Sy. No. 1388, situated at Dumpalagattu Grampanchayat, Khajipet Mandal, Y.S.R. Kadapa District pending disposal of the above writ petition and to pass IA NO: 2 OF 2022 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 vacate the interim orders dated 23.02.2022 in W.P.No.4786 of 2022 and to dismiss the writ petition 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 to vacate the Interim Order dated: 23.02.2022 passed in I.A.N0.1 of 2022 in W.P.No.4876 of 2022 and dismiss the present writ petition and pass Counsel for the Petitioner: 1. KASA JAGANMOHAN REDDY Counsel for the Respondent(S): 3 VS,J W.P.No.4876 of 2022 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.4876 of 2022 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: <…to issue writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Respondents in trying to demolish the Mineral Water Plant to an extent of Ac. 0.005 cents and removal of the trees which is established for Village Park to an extent of Ac. 0.43 cents in Sy. No. 1388, situated at Dumpalagattu Grampanchayat, Khajipet Mandal, Y.S.R. Kadapa District as illegal, arbitrary, unconstitutional and violation of Articles 14, 16 and 300-A of the Constitution of India and consequently direct the respondents not to demolish the Mineral Water Plant to an extent of Ac. 0.005 cents and not to remove the trees which is established for Village Park to an extent of Ac. 0.43 cents in Sy. No. 1388, situated at Dumpalagattu Grampanchayat, Khajipet Mandal, Y.S.R. Kadapa District….= 2. Brief facts of the case are as follows: a) The petitioner is a permanent resident of Dumpalagattu Village and Panchayat of Khajipet Mandal, Y.S.R. Kadapa District. The 5th respondent herein has granted administrative sanction to the Village Park at Dumpalagattu Village of Khajipet Mandal vide R.C.No.67/C4/EGS/ Khajipet/2018-19 with an estimation cost of Rs.5,01,488/- under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) and technically approved by the respondent authorities. The Executive Officer, Employment Guarantee Scheme (EGS) addressed a letter to the 7th 5 VS,J W.P.No.4876 of 2022 respondent requesting to execute the above said work for establishment of Village Park to which the 7th respondent executed the above said work by planting different varieties of plants/trees vide work I.D.No. 111561317015170512. As the villagers are facing problems with drinking water, the petitioner along with the villagers made representation to the respondent authorities for providing drinking water to Dumpalagattu village. In pursuance to the same, the concerned authorities have constructed a Mineral Water Plant in the said village with the funds of M.P. (Rajyasabha) i.e., Sri C.M.Ramesh in the year 2015-16 for providing drinking water to the villagers. From the date of construction of the Mineral Water Plant the petitioner along with the villagers have been using the water for drinking purpose from the said plant till date. b) While the things stood thus, some of the Local Political Leaders made a representation seeking demolition of the said Mineral Water Plant and removal of trees, on the ground that the land is classified as cheruvu poramboke. Basing on the said representation, the 6th respondent addressed a letter to the concerned authorities vide Ref.A/1833/2021 dated 14.09.2021 along with survey report dated 18.08.2021 stating that some of the encroachments are identified in the Dumpalagattu cheruvu and requested to submit a detailed report. Thereafter the 6th respondent issued a public notice to the villagers of Dumpalagattu of Khajipet Mandal stating that whoever is having the right over the subject land shall appear on 21.02.2022 along with the relevant documents. Challenging which, the present writ petition is filed. 6 VS,J W.P.No.4876 of 2022 3. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation. 4. 6th respondent filed counter affidavit reiterating the facts as against by the petitioner. However it is stated that Deputy Executive Engineer, K.C.C (Special) Sub-Division, Water Resources Department, Mydukur has requested the Tahsildar, Khajipeta to depute Mandal Surveyor to fix boundaries on South and West side of Dumpalagattu Tank situated in Survey No.1388/B so as to clear any encroachments in Tank poramboke land vide Ref.No.172/2020 dated 01.06.2020. While the matter stood thus, one person by name Tuvva Kishore Kumar Reddy along with some other residents of the said village have submitted their grievances in Spandana programme by leveling allegations that the Political leaders belonging to Telugu Desam Party have encroached the land which belongs to the said tank and raised illegal structures with support of government officials during the previous government and requested to carry out detailed survey duly identifying encroachments, if any. 5. In pursuance of the said grievance, the Mandal Surveyor visited the tank(cheruvu) on 08.08.2020 and stated that it is not possible to conduct a survey as there are more bushes of sarkar trees and other trees existing in the tank and requested to depute two more surveyors. Accordingly, a letter was addressed to the Assistant Director, Survey and Land Records, Kadapa vide Reference No.A/1205/2019, dated 17.08.2020 to provide two surveyors on deputation basis to conduct the survey. Accordingly, two surveyors were deputed to conduct the survey for two days i.e., 14.09.2020 and 15.09.2020. 7 VS,J W.P.No.4876 of 2022 But however the survey was not conducted due to shortage of water in Dumpalagattu Cheruvu at that time and the survey has been scheduled on 18.08.2021 duly intimating to all the interested parties through beat of Tom- Tom on 16.08.2021 and during survey identified certain encroachments in the said tank including certain community assets and after identifying the same a public notice has been issued to the persons who have encroached the said tank. 5. On a perusal of the documents filed by the petitioner, it is observed that vide G.O.RT.No.1080 Panchayat Raj & Rural Development (PROGS.I) Department dated 28.11.2015 the State Government has administratively sanctioned road works in Dumpalagattu Gramapanchayat of Khajipet Mandal with total amount of Rs.50.00 lakhs under RDF Grant for the year 2015-16 and in pursuance of which, the 7th respondent executed the above said works by planting different varieties of plants/trees. Thereafter as there was a scarcity of drinking water in the said village, the respondent authorities have constructed Mineral Water Plant under the funds of M.P.(Rajyasabha) in the year 2015-16 for providing drinking water to the villagers of Dumpalagattu village. 6. When the Government itself granted administrative sanction for road works vide G.O.RT.No.1080 Panchayat Raj & Rural Development (PROGS.I) Department dated 28.11.2015 and in pursuance of it, the 7th respondent has laid the roads as well as planted the plants/trees and also Mineral Water Plant has been erected in the said village under the funds of M.P.(Rajyasabha) at the request of the villagers, the 6th respondent ought to have fully verified the 8 VS,J W.P.No.4876 of 2022 records i.e., G.O.RT.No.1080 Panchayat Raj & Rural Development (PROGS.I) Department dated 28.11.2015 and also ought to have heard the villagers before initiating any action as against the directions made in said orders, including the demolishment of the Mineral Water Plant or destruction of the plants/trees. Admittedly, no such procedure has been followed by the respondents except issuing a public notice on 14.02.2022. 7. In view of the same, this Writ Petition is disposed of directing the respondents not to demolish the Mineral Water Plant to an extent of Ac. 0.005 cents and not to remove the trees which are existing in the village Park to an extent of Ac.0.43 cents in Survey No.1388 situated at Dumpalagattu Grampanchayat, Khajipet Mandal, Y.S.R. Kadapa District without following due process of law. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 07.01.2026 PBS