APHC010680652025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SIXTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35026/2025 Between: 1. RAMYA AGRO PRODUCTS LTD, REP. BY ITS MANAGING DIRECTOR, P. RAMESH REDDY, S/O. P. V SUBBA REDDY, AGED ABOUT 75 YEARS, R/O.D.NO. 16/377, SRINIVASA AGRAHARAM, NELLORE, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT - 522 238. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE - 524 001. 3. NELLORE MUNICIPAL CORPORATION, NELLORE, SPSR NELLORE DISTRICT - 524 001, REP. BY ITS MUNICIPAL COMMISSIONER. 4. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE. WATER RESOURCES DEPARTMENT, NELLORE, SPSR NELLORE DISTRICT - 524 001. 5. THE EXECUTIVE ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, NELLORE, SPSR NELLORE DISTRICT - 524 001. ...RESPONDENT(S): 2 VS, J W.P.35026 of 2025 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to excavate the canal through the lands belonging to the petitioner i.e., land of an extent Ac.2.83 cents in Sy.No.944, 955 and 956 situated at Nellore Bit-ll, Nellore Urban Mandal, SPSR Nellore District is illegal, arbitrary and in violation of Article 300-A of the Constitution of India and consequently direct the respondents not to excavate the canal through the petitioners land i.e., Ac.2.83 cents in Sy.No.944, 955 and 956 situated at Nellore Bit-ll, Nellore Urban Mandal, SPSR Nellore District 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 direct the respondents not to excavate the canal through the petitioners land i.e., Ac.2.83 cents in Sy.No.944, 955 & 956 situated at Nellore Bit-ll, Nellore Urban Mandal, SPSR Nellore District, during pendency of the Writ petition and pass Counsel for the Petitioner: 1. C SUBODH Counsel for the Respondent(S): 1. C SUBODH Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 VS, J W.P.35026 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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in proposing to excavate the canal through the lands belonging to the petitioner i.e., land of an extent Ac.2.83 cents in Sy.No.944, 955 and 956 situated at Nellore Bit-ll, Nellore Urban Mandal, SPSR Nellore District is illegal, arbitrary and in violation of Article 300-A of the Constitution of India and consequently direct the respondents not to excavate the canal through the petitioners land i.e., Ac.2.83 cents in Sy.No.944, 955 and 956 situated at Nellore Bit-ll, Nellore Urban Mandal, SPSR Nellore District and pass….= 2. The petitioner purchased land of an extent of Ac.1.00 cents in Sy.No.944 and land of an extent Ac.1.83 cents in Sy.No.955 and 956 situated at Nellore Bit-II, Nellore Urban Mandal, SPSR Nellore District through registered sale deeds vide document Nos.8983 of 1995, dated 20.11.1995 and 1839 of 2004, dated 25.11.2003 respectively. 3. Thereafter, the petitioner established a milk processing plant after duly obtaining permission from the department of Industries and Factories. Subsequently, the Commissioner, Nellore Municipality has granted permission for construction of the building vide Roc.No.G1/10404/95 dated 12.01.1996. After obtaining necessary permissions for construction of plant from the Nellore Municipality, the petitioner constructed the plant in accordance with the sanctioned plant in the subject land. 4 VS, J W.P.35026 of 2025 4. While the things stood thus, two days prior to filing of the present writ petition, the staff of the 3rd and 4th respondents visited the petitioner’s premises, where the factory is situated, made markings on the compound wall of the factory and informed the petitioner that they are intending to dig a canal through the petitioner’s premises. Challenging the said action, the writ petition is filed 5. Heard, the Learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation. 6. Learned Assistant Government Pleader for Irrigation has furnished a copy of the instructions of the Executive Engineer, WRD, (FAC) Nellore Central Division, Nellore vide Letter No.EE/NC/NLR/AB/A3/ dated 03.01.2026, wherein it is stated that, as verified on the ground, it was found that the Municipal authorities has recently surveyed the land for 80 feet road extension purposes and some of the canals are passing through the surveyed lands. Accordingly, the boundaries were demarcated. The petitioner objected, stating that the land is his patta land. Hence, a Joint inspection will be conducted along with the municipal authorities for demarcation of boundaries with relevant records and a detailed report will be submitted after survey. 7. As per the said instructions submitted by the Executive Engineer, WRD, (FAC) Nellore Central Division, Nellore, it can be understood that the petitioner approached this Court with an apprehension that the respondents would excavate the canal through the petitioner’s subject land. Admittedly no 5 VS, J W.P.35026 of 2025 such exaction has taken place, except for conducting a survey by the Municipal Authorities. 8. In view of the above the Writ Petition is disposed of, directing the respondents not to interfere with the petitioner’s subject land 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: 06.01.2026 KGR