APHC010121032024 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6710/2024 Between: 1. MUDRABOINA MADHAVA, S/O. VEERAVENKANNA R/O. D.NO.4 25/2. FLAT NO.101, GVP ENCLAVE, 4/2, BHARATPET, GUNTUR. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCESDEPARTMENT, AP SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, AP SECRETARIAT VELAGAPUDI. AMARAVATI. 3. THE AP CRDA, REP. BY ITS COMMISSIONER, O/O. AP CRDA, LENIN CENTRE, GOVERNOR PET, VIJAYAWADA. 4. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 5. THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, TENALI DIVISION, GUNTUR DISTRICT. 6. THE TAHSILDAR, CHEBROLU MANDAL, GUNTUR DISTRICT. 7. THE MANDAL SURVEYOR, CHEBROLU MANDAL, GUNTUR DISTRICT. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 6710/2024 MUDRABOINA MADHAVA, S/O. VEERAVENKANNA R/O. D.NO.4 25/2. FLAT NO.101, GVP ENCLAVE, 4/2, BHARATPET, GUNTUR. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCESDEPARTMENT, AP VELAGAPUDI, AMARAVATI. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, AP SECRETARIAT VELAGAPUDI. AMARAVATI. THE AP CRDA, REP. BY ITS COMMISSIONER, O/O. AP CRDA, LENIN CENTRE, GOVERNOR PET, VIJAYAWADA. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, TENALI DIVISION, GUNTUR DISTRICT. THE TAHSILDAR, CHEBROLU MANDAL, GUNTUR DISTRICT. THE MANDAL SURVEYOR, CHEBROLU MANDAL, GUNTUR RC,J W.P.No.6710 of 2024 IN THE HIGH COURT OF ANDHRA PRADESH [3332] THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MUDRABOINA MADHAVA, S/O. VEERAVENKANNA R/O. D.NO.4-15- 25/2. FLAT NO.101, GVP ENCLAVE, 4/2, BHARATPET, GUNTUR. ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCESDEPARTMENT, AP THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MA AND UD DEPARTMENT, AP SECRETARIAT THE AP CRDA, REP. BY ITS COMMISSIONER, O/O. AP CRDA, THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. THE SUBCOLLECTOR/REVENUE DIVISIONAL OFFICER, TENALI THE TAHSILDAR, CHEBROLU MANDAL, GUNTUR DISTRICT. THE MANDAL SURVEYOR, CHEBROLU MANDAL, GUNTUR RC,J W.P.No.6710 of 2024 2 8. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, WRD, GUNTUR DISTRICT GUNTUR. - 9. THE EXECUTIVE ENGINEER, IRRIGATION, KW DIVISION, TENALI, GUNTUR DISTRICT. 10. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION, WESTERN SUB DIVISION NO.5, CHEBROLU, GUNTUR. 11. THE EXECUTIVE OFFICER, PANCHAYAT RAJ DEPARTMENT CHEBROLU, GUNTUR DISTRICT. 12. THE PANCHAYAT SECRETARY, CHEBROLU GRAM PANCHAYAT, CHEBROLU MANDAL, GUNTUR DISTRICT. 13. SHAIK HUSSAIN, S/O. DEENAVALI, R/O. 14-82, PATHAREDDYPALEM, CHEBROLU GUNTUR 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 any writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not acting upon the complaints made by me for removal of encroachments to an extent of around Ac.0.06 cents into Sy.No.227-2B, 228, 236 of Chebrolu Revenue Village and Mandal, Guntur District belonging to the Irrigation Department and other Poramboke lands of Government as illegal and arbitrary and contrary to the directions in WP (PIL) No. 140/2022 and consequently direct the respondents to remove the encroachments made by the unofficial respondent into Sy.No.227-2B 228, 236 of Chebrolu Revenue Village and Mandal, Guntur District under the guise of building plan approval vide BP NO.1168/1307/B/CHBRLU/CBU/2022 dt 3-9-2022 issued by The Commissioner, CRDA without any further delay and to suspend the building plan in the interests of justice and pass IA NO: 1 OF 2024 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 in respondents to conduct survey of Sy.No.227-2B, 228, 236. 226-5B and file report and sketch with the extent of land detailed RC,J W.P.No.6710 of 2024 3 survey encroached by the unofficial respondent pending the Writ Petition in this Hon'ble Court and pass IA NO: 2 OF 2024 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 leased to direct the respondents to take action and see that no further construction is made by the unofficial respondent in pursuance of the permission obtained vide BP No. 1168/1307/B/CHBRLU/CBU/2022 dt:3-9- 2022 in terms of the notice of the 3rd respondent dt:30-06-2023 pending the Writ Petition in this Hon’ble Court and pass IA NO: 3 OF 2024 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 vacate the interim order dt.26-03-2024 passed by this Hon'ble Court and dismiss the writ petition and pass IA NO: 4 OF 2024 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 may be pleased to vacate the interim order dated 26-03-2024 in wP.No. 6710 of 2024 and dismiss the writ petition and 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 May be pleased to grant leave to the Respondent No.9 to file Counter Affidavit in W.P.No.6710 of 2024 and to pass Counsel for the Petitioner: 1. DHARANI KUMAR B Counsel for the Respondent(S): 1. ALAPATI LALITH NIKHIL 2. GP FOR REVENUE RC,J W.P.No.6710 of 2024 4 3. GP FOR MUNCIPAL ADMN URBAN DEV 4. GP FOR PANCHAYAT RAJ RURAL DEV 5. GP FOR IRRIGATION COMM AREA DEV 6. S PRANATHI 7. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats ORDER The grievance of the petitioner is that the respondent authorities, despite making complaints, are not removing the encroachments to an extent of around Ac.0-06 cents in Survey No.227-2B, 228 & 236 of Chebrolu Revenue Village and Mandal, Guntur District belonging to Irrigation Department and other Poramboke lands of Government. 2. The learned Assistant Government Pleaders for Irrigation and Revenue submitted that the authorities had enquired in to the matter and found that there are encroachments by unofficial respondents and they would remove the encroachments. 3. At this juncture, Sri Dharani Kumar B., learned counsel for the petitioner sought permission of this Court to withdraw the writ petition. 4. The conduct of the petitioner in filing writ petition alleging inaction of the authorities in removing the encroachments made by unofficial respondents over the lands of Irrigation and Government and seeking permission to withdraw the writ petition when the official reported that they found encroachment of land by unofficial respondents and would remove the RC,J W.P.No.6710 of 2024 5 said encroachments, would clearly show real intention of the petitioner behind filing the writ petition. Using the Court merely as a medium to settle terms or achieve collateral advantages is considered an abuse of the process of the court. The petitioner wasted the precious time of the Court as well as that of the officials by filing the writ petition to use the Court for settling terms or achieving collateral advantages. 5. In view of the above, this Court deems it proper to permit the petitioner to withdraw the writ petition by imposing costs. 6. Accordingly, the writ petition is dismissed as withdrawn, subject to payment of costs of Rs.10,000/- (Rupees ten thousand only) by the petitioner to the Andhra Pradesh Legal Services Committee within a period of two (02) weeks and filing a memo before the Registry, or else the writ petition would get revived without the need of any further orders of this Court. However, withdrawal of this Writ Petition would not deter any way the respondent authorities from removing the encroachments. There shall be no order as to costs of the writ petition. Pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 1ST April, 2026 RR