APHC010629092023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32342/2023 Between: 1. Y C MASTAN, S/O PEDA MASATANAPPA AGED ABOUT 45 YEARS R/O KOTAPALI VILLAGE, PUTAPARTHY MANDAL. ...PETITIONER AND 1. THE STATE OF AP, REPRESENTED BY ITS PRINCIPAL SECRETARY IRRIGATION DEPARTMENT A.P. SECRETARIAT, VELGAPUDI, AMARAVTHI, GUNTUR. 2. ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, PULTAPARTHY SUB DIVISION, PUTTAPARTHY DISTRICT 3. THE DISTRICT COLLECTOR, PUTTAPARTHY DISTRICT 4. TASHILDAR, PUTTAPARTHY MANDAL, PUTTAPARTHY. 5. THE DISTRICT SURVEYOR, PUTTAPARTHY MANDAL, PUTTAPARTHY DISTRICT 6. M BABLAN, S/O MOULA SAHEB AGE NOT KNOWN, RESIDENT OF KOTLAPALLI VILLAGE, PUTTAPARTHY MANDAL, PUTTAPARTHY 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 writ, order or direction, more particularly, in the nature of writ of mandamus, declaring the action of the 2nd Respondent in 2 trying to disposes the Petitioners from their Land in Sy.No 481 in Nidimamidi Village without following due process of law as illegal, arbitrary and in violation of Principles Of Natural Justice and consequently direct the Respondents not to excavate the Petitioner's land in Sy.No 481 in Nidimamidi Village, Puttaparthy 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 2nd Respondent not to disposes the Petitioner from his land Syu.No 481 in Nidimamidi Village, Puttaparthy District and to pass appropriate orders in accordance with law pending disposal of the writ petition or 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 pleased to Vacate Interim Orders passed on 14-12-2023 and to dismiss the Writ Petition No. 32342 of 2023 and pass IA NO: 2 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 Pleased to vacate the interim order dated. 14.12.2023 passed in Writ Petition No. 32342 of 2023 and pass Counsel for the Petitioner: 1. T V P SAI VIHARI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: To declare the action of the 2nd respondent in trying to dispossess the petitioner from his land in Sy.No.481 in Nidimamidi Village, without following due process of law, the present writ petition is filed. 2. Heard Sri TVP Sai Vihari, learned counsel for the petitioner, Sri Satish Kumar, learned Assistant Government Pleader for Irrigation and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue appearing for the respondents. 3. While reiterating the contents of the affidavit, learned counsel for the petitioner submitted that in order to facilitate a permanent rastha to some private individuals, the authorities are trying to convert oota kalva into permanent rastha which is adjacent to the petitioner’s property situated in Sy.No.481, thereby taking the petitioner’s property as well. A representation was also made in that regard requesting the authorities to see that no constructions are made by the 5th respondent by converting/closing oota kalva. He further submit that without following due process of law, the authorities cannot dispossess the petitioner for laying permanent rastha through the petitioner’s land and oota kalva to facilitate third parties. Accordingly, this Court, by way of interim orders dated 14.12.2023, protected the interest of the petitioner. As such, prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleaders, on their respective counters, submitted that, in fact the petitioner is an encroacher and 4 the authorities have an intention to conduct survey as sought by the petitioner and that they would follow due process of law if they want to interfere with the petitioner’s property. 5. Learned counsel for the petitioner in reply submitted that in fact, a survey notice has also been issued by the authorities, for which the petitioner requested to postpone the survey since the crop in the said survey number is at advanced stage. Further, the oota kalva is situated in several survey numbers, but the survey is going to be conducted in Survey No.480 only, which is not proper. 6. Perused the record and considered the submissions made by both the learned counsel. 7. It is needless to observe that even an encroacher is entitled for a notice before removal of the alleged encroachments. This Court is not inclined to go into the aspect with regard to survey. Anyhow, the authorities have issued notice to the parties for conducting the survey and intend to proceed. Insofar as interference with the petitioner’s property is concerned, the respondents are not disputing the petitioner’s possession, in the said circumstances, interference without following law does not arise. 8. This Court, on 14.12.2023, by way of interim orders passed the following order:- <Status quo shall be maintained as on today in respect of land in Sy.No.481 in Nidimamidi Village.= 9. Keeping in view the facts and circumstances of the case and the interim order, this Court is inclined to dispose of the writ petition directing the 5 authorities not to interfere with the petitioner’s possession except under due process of law, if they intend to do so. If by any chance the authorities come to a conclusion that the petitioner is an encroacher, they shall take steps in accordance with law. Insofar as oota kalva is concerned, the authorities have any intention to make any constructions, it is needless to observe that they have to follow law. 10. 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: 11.02.2026. JLV 6 309 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 32342/2023 Date: 11.02.2026. JLV