APHC010454932025 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: 24335/2025 Between: 1. K. VENKATA RAMANA, S/O K. KRISHNAPPA, AGED 40 YEARS, OCC CULTIVATION, RESIDING AT DOOR NO.34-75, PALAMANER TOWN AND MANDAL, CHITTOOR DISTRICT - 517408 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE STATE OF ANDHRA PRADESH, REP. BY ITS HOME SECRETARY, HOME DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 4. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND DEVELOPMENT DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 5. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, CHITTOOR TOWN, CHITTOOR DISTRICT. 6. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, 2 VS, J W.P.No.24335 of 2025 PALAMANER TOWN AND MANDAL, CHITTOOR DISTRICT. 7. THE DEPUTY ENGINEER, IRRIGATION DEPARTMENT, PALAMANER TOWN AND MANDAL CHITTOOR DISTRICT. 8. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, PALAMANER TOWN AND MANDAL, CHITTOOR DISTRICT. 9. THE DISTRICT COLLECTOR, CHITTOOR TOWN, CHITTOOR DISTRICT. 10. THE REVENUE DIVISIONAL OFFICER, PALAMANER REVENUE DIVISION, CHITTOOR DISTRICT. 11. THE TAHSILDAR, O/O MANDAL REVENUE OFFICE, PALAMANER MANDAL PALAMANER TOWN, CHITTOOR DISTRICT. 12. THE SUPERINTENDENT OF POLICE, CHITTOR TOWN, CHITTOOR DISTRICT. 13. THE DEPUTY SUPERINTENDENT OF POLICE, PALAMANER SUB DIVISION, PALAMANER TOWN, CHITTOOR DISTRICT. 14. THE STATION HOUSE OFFICER, PALAMANER POLICE STATION, PALAMANER TOWN, CHITTOOR DISTRICT. 15. THE PALAMANER MUNICIPALITY, REP. BY ITS MUNCIPAL COMMISIONER PALAMANER TOWN, CHITTOOR DISTRICT. 16. THE TOWN PLANNING OFFICER, MUNCIPAL CORPORATION, PALAMANER TOWN, CHITTOOR 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 to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment in my lands and trying to dispossess me and highhandedly excavating canal passage with police support and without issuing notice and without following due process of law in the lands situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor District for excavating canal passage through Sy.No.66 to an extent of Ac.0.14 cents, Sy.No.67/3A to an extent of Ac.0.16 cents is 3 VS, J W.P.No.24335 of 2025 highly illegal, arbitrary, unjust and against the principles of natural justice and also violative to article 14,21,300A of the constitution of INDIA and consequently direct the respondents to not to interfere in the peaceful possession and enjoyment on the said property and dispossess the petitioner in the said lands situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor District for Excavating Canal in Sy.No.66 to an extent of Ac.0.14 cents, Sy.No.67/3A to an extent of Ac.0.16 cents without following due process of law 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 direct the respondents to not to evict the petitioner and excavate canal passage without following due process of law situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor District for excavating canal passage through Sy.No.66 to an extent of Ac.0.14 cents, Sy.No.67/3A to an extent of Ac.0.16 cents pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. TIRUPATI THARUN KISHORE Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD 4. GP FOR HOME-15516/AP/15516/2017 5. GP MUNCIPAL ADMN AND URBAN DEV AP 6. GP FOR FINANCE PLANNING The Court made the following: 4 VS, J W.P.No.24335 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- <….to issue a Writ or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in interfering with the peaceful possession and enjoyment in my lands and trying to dispossess me and highhandedly excavating canal passage with police support and without issuing notice and without following due process of law in the lands situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor District for excavating canal passage through Sy.No.66 to an extent of Ac.0.14 cents, Sy.No.67/3A to an extent of Ac.0.16 cents is highly illegal, arbitrary, unjust and against the principles of natural justice and also violative to article 14,21,300A of the constitution of INDIA and consequently direct the respondents to not to interfere in the peaceful possession and enjoyment on the said property and dispossess the petitioner in the said lands situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor District for Excavating Canal in Sy.No.66 to an extent of Ac.0.14 cents, Sy.No.67/3A to an extent of Ac.0.16 cents without following due process of law....= 2. The petitioners is the absolute owner of the land to an extent of Ac.0.14 cents in Survey No.66 and Ac.0.16 cents in Survey No.67/3A situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor District having purchased through registered Sale Deed dated 04.03.2024 bearing 5 VS, J W.P.No.24335 of 2025 document No.6365/2024. After purchasing the said property the petitioner has developed the same by cultivating fruit bearing plants/trees and the said lands are fenced with iron wire protecting from the trespassers. While the things stood thus, on 25.08.2024 at about 11.00 am, the 6th respondent along with 7th respondent and his staff visited the petitioner’s property and measured the lands with the help of Mandal Surveyor, Palamaner Mandal and Town Planning Officer, Municipal Corporation, Palamaner. The authorities have also initiated excavation for canal passage through the petitioner’s land without issuing any notice to the petitioner, challenging which the present writ petition is filed by the petitioner. 3. Heard, learned counsel for the petitioner as well as learned Assistant Government Pleader for Irrigation. 4. It can be observed that the petitioner has been in possession of the subject property by way of purchasing the same through registered Sale Deed dated 04.03.2024 vide document No.6365/2024, and the said lands are admittedly private patta lands. In such a case, the respondents herein cannot interfere with the petitioner’s property without following due process of law. The authorities are also not entitled to measure the land for excavation of canal passage through the petitioner’s property without issuing any notice and without following due process of law. In view of the same, this Court feels it appropriate to dispose of the Writ Petition. 6 VS, J W.P.No.24335 of 2025 5. In view of the facts and circumstances of the case, this Writ Petition is disposed of with a direction to the respondents not to interfere with the petitioner’s peaceful possession over the lands of extent Ac.0.14 cents in Survey No.66 and Ac.0.16 cents in Survey No.67/3A situated at Palamaner Village revenue accounts, Palamaner Mandal, Chittoor 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/LSP