APHC010267302023 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: 13737/2023 Between: 1. PUPPALA PANDU RANGA RAO, S/O. NAGESWARA RAO, HINDU, AGED ABOUT 57 YEARS, OCC. CULTIVATION, R/O. NEELEPUDI (V), KURTHIVENNU (M), KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT AT VELAGAPUDI, AMARAVATHI, KRISHNA DISTRICT. 2. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT. 3. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, 4. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, MACHILIPATNAM, KRISHNA DISTRICT. 5. THE ASSISTANT ENGINEER DRAINAGE, IRRIGATION DEPARTMENT, MALLESWARAM, BANTUMILLI (M), 2 KRISHNA DISTRICT. 6. THE TAHSILDHAR, KRUTHHIVCNNU MANDAL, KRISHNA DISTRICT. 7. THE MANDAL SURVEYOR, 0/O TAHSILDHAR, KURTHIVEENU (M), KRISHNA 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 tobe pleased to issue a Writ or order more particularly one in the nature of writ of Mandamus or any other appropriate writ declare the action of the respondents in purporting to demolish the shed situated in Sy.No. 209-B of Munipeda Village, Kurthiveenu Mandal of Krishna District without issuing any notice and following the procedure contemplated under law and also without considering the applications of the petitioner dt. 13.03.2023 and dt. 29.05.2023 to conduct survey and fix the boundaries for the land of the petitioner and to declare the same as illegal, arbitrary, unjust, discriminatory and also in violation of the principles of natural justice apart from violation of fundamental right of right to property guaranteed under Article 300-A of constitution of India and consequently direct the respondent to consider representations of the petitioner dt. 13.03.2023 and dt. 29.05.2023 for conducting survey and fixing the boundaries to the land of the petitioner in Sy.No. 210/1A and 209-B of Munipeda Village, Kurthiveenu Mandal of Krishna District and to pass IA NO: 1 OF 2023 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 demolish the shed situated in Sy.No. 209-B of 3 Munipeda Village, Kurthiveenu Mandal of Krishna District in the interest of justice and to pass IA NO: 2 OF 2023 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 dated 13.06.2023 in I.A.No.1 of 2023 in W.P.No.13737 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner: 1. G L NAGESWAR RAO Counsel for the Respondent(S): 1. GP FOR IRRIGATION COMM AREA DEV The Court made the following ORDER: To declare the action of the respondents in purporting to demolish the shed situated in Sy.No.209-B of Munipeda Village, Kurthiveenu Mandal, Krishna District, without considering the petitioner’s representations dated 13.03.2023 and 29.05.2023, for conducting survey and fixing the boundaries, and without following the procedure contemplated under law, to be illegal and arbitrary, the present writ petition is filed. 2. Sri G.L. Nageswara Rao, learned counsel for the petitioner and learned Assistant Government Pleader for Revenue. 4 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that the petitioner is a permanent resident of Neelepudi Village and is eking out his livelihood by doing agricultural activities in an extent of Ac.3.20 cents situated in Sy.No.210/1A and 209-B in the said village. As the agricultural yielding was not considerable, the petitioner converted the agricultural lands into fish tanks, like other farmers in the village. He further submitted that the petitioner made representation dated 13.03.2023 to the 7th respondent-Mandal Surveyor requesting him to conduct the survey and fix the boundaries of the subject land and another representation on 29.05.2023 to the 3rd respondent-District Collector. Instead of considering the representations submitted, the respondent authorities without issuing any prior show cause notice and without following due procedure contemplated under law, are trying to demolish the petitioner’s shed. He further submitted that if such highhanded action is allowed to continue, it would not only affect the rights of the petitioner but also cause him great loss and hardship. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 5 4. Learned Assistant Government Pleader for Revenue, on written instructions dated 13.06.2023, submitted that the petitioner encroached upon the Government land situated in Sy.No.209B, which is classified as “Bandidari” and that he is an encroacher. He further submitted that by virtue of interim order granted by this Court on 13.06.2023, the authorities have not taken any steps against the petitioner’s shed; however, submitted that the authorities have an intention to remove the encroachments in accordance with law. As such, prayed to dismiss the writ petition. 5. Perused the record and considered the submissions made by both the learned counsel. 6. The main grievance of the petitioner is that despite submissions of representations dated 13.03.2023 and 29.05.2023, to conduct survey and fix the boundaries, the authorities are trying to demolish the shed situated in Sy.No.209-B of Munipeda Village, Kurthiveenu Mandal, Krishna District. The contention of the learned Assistant Government Pleader is that the petitioner encroached upon the Government land and that he is an encroacher. 6 It is well settled law that even an encroacher is entitled for notice before eviction. It is not in dispute that the respondent authorities did not issue any prior show cause notice. However, as the authorities have an intention to follow due process of law, there is no purpose in keeping the writ petition pending. As such, this Court is inclined to dispose of the writ petition by passing the following order: “The respondent authorities are directed not to demolish the petitioner’s shed situated in Sy.No.209-B of Munipeda Village, Kurthiveenu Mandal, Krishna District, except due process of law. 7. Accordingly, the Writ Petition is disposed of. 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 ANS 7 314 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13737/2023 Date: 27.01.2026 ANS