Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 2140 (AP)

A.Velayudham, v. THE STATE OF ANDHRA PRADESH

WP/13642/2026 · 2026-05-05

Subba Reddy Satti

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010262322026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] WEDNESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 13642/2026 Between: 1. A.VELAYUDHAM,, S/O.LATE ANDEPPA, AGED ABOUT 63 YEARS, R/O.DOOR NO.2-12, VEERANAGAPURAM H/O. NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 2. C.VENKATACHALAM,, S/O.CHINNAPPA, AGED ABOUT 62 YEARS, R/O.H.NO.3/32, NADIMURU VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 3. K.MANJUNATH,, S/O.KANNAPPA, AGED ABOUT 44 YEARS, R/O.DOOR NO.2-23-1, NADIMURU VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 4. CHINNA PULLAMMA,, W/O.LATE NECHARAPPA, AGED ABOUT 53 YEARS, R/O.DOOR NO.2-26, THOLLAMMA GUDI STREET, NADIMURU VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 5. V.M.VALLI SHANKAR,, S/O.V.N.VETAPPA, AGED ABOUT 38 YEARS, R/O.DOOR NO.2-13, PIPALYAM, KUPPAM MANDAL, CHITTOOR DISTRICT 6. SUBRAMANYAM,, S/O.LATE MUNUSWAMY, AGED ABOUT 70 YEARS, R/O.DOOR.NO.2-41-1, NADIMURU VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT 7. RAMALINGAM,, S/O.MANIKYAM, AGED ABOUT 52 YEARS, R/O.DOOR NO.2-10, VEERANAGAPURAM H/O. NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 8. VELLEMMA,, W/O.NARAYANAPPA, - AGED ABOUT 40 YEARS, R/O.DOOR NO.5-83, NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 9. K.RAMU, , S/O.LATE KANNAPPA, AGED ABOUT 54 YEARS, R/O.DOOR NO.2-37, NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 10. KANTHAMMA,, W/O.GOVINDAPPA, AGED ABOUT 48, R/O. DOOOR NO.1-1, NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 11. S.CHANDRAKALA,, W/O.MUNIRATNAM, AGED ABOUT 44 YEARS, R/O.DOOR NO.3-49, PIPALYAM, VASANARU, KUPPAM MANDAL, CHITTOOR DISTRICT, 12. CHINNAMUNUSWAMY,, S/O.LATE PEDDA MUNAPPA, AGED ABOUT 85 YEARS, R/O.DOOR NO.2-25/1, NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 13. T.SOMASUNDARAM,, S/O.THITHEPPA, AGED ABOUT 43 YEARS, R/O.DOOR NO.2-95, PIPALYAM, VASANARU, KUPPAM MANDAL, CHITTOOR DISTRICT, 14. G.PRASHANTH KUMAR,, S/O.GOVINDASWAMY, AGED ABOUT 50 YEARS, R/O.DOOR NO.2-36, NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT 15. SEETHAMMA,, W/O.SREERAMULU, AGED ABOUT 58 YEARS, R/O.DOOR NO.2-28, THOTLAMMAA GUDI VEEDHI, H/O.NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT, 16. S.SIVAJI,, S/O.SRINIVASULU, AGED ABOUT 40 YEARS, R/O.DOOR NO.2-29/1, THOTLAMMAA GUDI VEEDHI, H/O. NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT, 17. CHINNAPAPAMMA,, W/O.LATE VETAPPA, AGED ABOUT 85 YEARS, R/O.DOOR NO.2-26/1, THOTLAMMAA GUDI VEEDHI, H/O.NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT, 18. RATNAMMA, , W/O.THIRTHAGIRI, AGED ABOUT 56YEARS, R/O.DOOR NO.2-34, THOTLAMMAA GUDI VEEDHI, H/O.NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT, 19. MALIAPPA,, S/O.MUNUSWAMY, AGED ABOUT 75 YEARS, RIO.DOOR NO.2-41, THOTLAMMAA GUDI VEEDHI, H/O.NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT, 20. M.RAMALINGAM,, S/O.MUDDAPPA, AGED ABOUT 70 YEARS, R/O.DOOR NO.2-32, THOTLAMMAA GUDI VEEDHI, H/O.NADIMURU, KUPPAM MANDAL, CHITTOOR DISTRICT, 21. KAMARAJU,, S/O.LATE MUNAPPA, AGED ABOUT 72 YEARS, R/O.DOOR NO.2-20 PIPALYAM VILLAGE, KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, IRRIGATION-DEPARTMENT, SECRETARIAT BUILDINGS, AMARAVATHI, GUNTUR DISTRICT. 522238 2. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.517001 3. THE JOINT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT, 517001 4. THE EXECUTIVE ENGINEER, DEPARTMENT OF IRRIGATION DEPARTMENT, CHITTOOR, CHITTOOR DISTRICT,517001 5. THE DIVISIONAL ENGINEER, KUPPAM, CHITTOOR DISTRICT,517425 6. THE TAHSILDAR, RAMAKUPPAM, CHITTOOR DISTRICL517401 ...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 a writ, order or direction more particularly one in the nature of a Writ of Mandamus declaring the action of the Respondents for trying to dig the supply canal without following the due process of law from properties of petitioners lands in Sy.No.162, Sy.No.163, Sy.No.164, Sy.No.165, Sy.No.167, Sy.No.172 and Sy.No.175 situated in Nadimuru Village, Kuppam Mandal, Chittoor District, as illegal, arbitrary, besides violation of principles of Natural Justice, consequently direct the Respondents not to interfere in to the petitioners lands in Sy.No.162, Sy.No.163, Sy.No.164, Sy.No.165, Sy.No.167, Sy.No.172 and Sy.No.175 situated in Nadimuru Village, Kuppam Mandal, Chittoor District, forthwith and to pass such 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 into the petitioner's lands in Sy.No.162, Sy.No.163, Sy.No.164, Sy.No.165, Sy.No.167, Sy.No.172 and Sy.No.175 situated in Nadimuru Village, Kuppam Mandal, Chittoor District and pass such Counsel for the Petitioner(S): 1. PRAKASH C Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: ORDER Heard Sri C.Prakash, learned counsel for the petitioners and Sri S.Satish Kumar, learned Assistant Government Pleader for Irrigation for the respondents 1, 4 & 5, and Ms.Usha, learned Assistant Government Pleader for Revenue for the respondents 2, 3 & 6. 2. Petitioners, 21 in number, filed the above writ petition to declare the action of respondents 4 and 6 in attempting to dig the supply canal in the petitioners’ lands in S.Nos.162, 163, 164, 165, 167, 172 and 175 situated in Nadimuru village, Kuppam Mandal, Chittoor District, without following due procedure, as illegal and arbitrary. 3. Learned counsel for the petitioners would submit that the petitioners have agricultural lands in the aforementioned survey numbers, and the revenue authorities updated the revenue records and issued pattadar pass books. Copies of 1B and pattadar pass books are filed as Exs.P1 and P2. He would also submit that earlier, the petitioners filed W.P.No.16518 of 2015, complaining of high-handed action on the part of the respondents therein to dig a canal across the petitioners’ land. Initially, an interim order was granted, and thereafter, the said writ petition was disposed of on 21.11.2022. He would also submit that, thereafter, a survey was conducted by the respondents 4 and 6 on 30.04.2026, without issuing any notice to the petitioners. The officials of the respondents 4 and 6 came to the petitioners’ land along with JCBs on 02.05.2026. However, the petitioners resisted such an act. 4. Ms.Usha, learned Assistant Government Pleader for Revenue for the respondents 2, 3 & 6 submitted the written instructions of the 6th respondent, Tahsildar. As seen from the instructions, there is no dispute regarding the petitioners’ title over the aforementioned property. The instructions would further disclose that the revenue authorities are not interfering with the petitioners’ possession of the aforementioned lands, and there is no proposal for the formation of a new channel. The instructions would further reveal that the subject lands are not required for both the Revenue and Irrigation departments. 5. Sri S.Satish Kumar, learned Assistant Government Pleader for Irrigation for the respondents 1, 4 & 5, on oral instructions of respondents 4 & 5, would submit that they are not interfering with the petitioners' possession and enjoyment of the aforementioned lands. 6. Given the facts and circumstances of the case, keeping the writ petition and inviting a counter from the respondents will not serve any purpose. Hence, the Writ Petition is disposed of at the admission stage with the consent of learned counsel on either side, directing the respondents not to interfere with the petitioners' possession and enjoyment of the subject lands in S.Nos.162, 163, 164, 165, 167, 172 and 175 situated in Nadimuru village, Kuppam Mandal, Chittoor District, without following due procedure. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI PVD