Research › Search › Judgment

High Court of Andhra Pradesh · body

2026 DAILYLAW 4851 (AP)

R MUNI REDDY v. REDDYVARI NAGARAJA REDDY

WA/717/2026 · 2026-07-07

Challa Gunaranjan, Lisa Gill

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010295492026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI WRIT APPEAL NO: 717 of 2026 Bench Sr.No:-81 [3584] R Muni Reddy and Others ...Appellant(s) Vs. Reddyvari Nagaraja Reddy and Others ...Respondent(s) ********** Advocate for Appellants: Mr. S V Muni Reddy Advocate(s) for Respondent(s): Mrs. S Parineeta – R1 GP for Revenue - R7 CORAM : THE CHIEF JUSTICE LISA GILL SRI JUSTICE CHALLA GUNARANJAN DATE : 8th July 2026 LISA GILL, CJ: This writ appeal is filed for setting aside order, dated 15.04.2026, passed by learned single Bench whereby writ petition filed by respondent No.1/writ petitioner has been disposed of directing official respondents to take appropriate action in accordance with law based on endorsement given by Tahsildar, Pedda Panjani Mandal, Chittoor District, against present appellants. 2. Learned counsel for appellants vehemently argues that impugned order has been passed without affording opportunity of hearing to present appellants, who are arrayed as respondent Nos.7 to 10 in writ petition. Writ petition was disposed of in limine without issuing notice to them. 2 wa_717_2026 3. Writ petition was filed by respondent No.1/writ petitioner with a grievance that a pathway located in an extent of Ac. 0.97 Cents was being obstructed by present appellants. Reference was made by writ petitioner to an endorsement, dated 16.06.2025 by Tahsildar to the extent that they have constructed a dirt road on the land in question. 4. It is contended that land in question is in fact a canal poramboke as per revenue records. Reference is made to endorsement, dated 29.09.2025 by Tahsildar, Pedda Panjani Mandal. 5. Learned counsel for respondent No.7 on last date of hearing was asked to seek instructions in this regard. 6. Learned counsel for respondent No.7 submits that she has written instructions from Tahsildar, Pedda Panjani Mandal, wherein it is specifically stated that land in Sy. No.147/1 an extent of Ac.0.92 cents was classified as „Kaluva Poramboke‟ as per SLR of Kolathuru Village. Specific stand as taken in this written submission reads as under: “In this connection I submit that I have enquired on field and lands in Sy.No.147/1,Ext:0.92 cents was classified as "Kalva Porumboke" as per SLR of Kolathuru village and the villagers stated that the above land earlier covered by a Channel(Vanka) passing from Koneru Krishnareddy kunta tank to Koundinya River and the concern of the appellants is that the respondent has closed the supply channel and using it as passage for his own fields and stated that if the supply channel is closed the lands of the appellants and others will be submerged and cause the damages and there is no other free flow of the water. In this connection I submit that there is a tank named Koneru Krishna Reddy Kunta existing in Sy.No. 129/1 Extent Ac.2.05 cents as per the SLR of Kolathuru village and from this tank towards west one vanka is existing which is connected to the koundinya river. The width of the vanka from the starting point is 22 mtrs and has reduced to the width of 6 mtrs at the end point and total length of Vanka is 316 Mtrs. During the enquiry it is noticed that one cart track is 3 wa_717_2026 formed in the said vanka with the width of 4 mtrs. The subjected vanka is the main water connectivity from the above said kunta to Koundinya river. I further submit that the cart track formed in the said vanka with a width of 4 mts from starting to ending, as the ending width of vanka is 6 mtrs. Hence the subjected vanka is majorly covered with cart track at the end point of the Vanka. As per the Village Map & FMB after this subjected vanka the water connectivity to the koundinya river is marked as Topo detail in the village map and there is no cart track after this vanka and the surrounding pattadars are using it as passage to their fields. The cart track is existing only in the subjected vanka and after that there is no cart track. In view of the above, there may be a change of water overflow during the heavy rains, as the subjected vanka is majorly covered with cart track at the end point. Hence the surrounding pattadars may use the subjected vanka as footpath instead of cart track.” 7. Having heard learned counsel for parties and perused written instructions, it is apparent that entire facts were not placed before learned single Bench. In this view of matter, impugned order is set aside and matter is remanded before learned single Bench to be decided afresh after affording an opportunity of hearing and filing counter, if necessary by respondents. W.P. No.9552 of 2026 be listed before learned single Bench having roster on 05.08.2026. Writ Appeal is, accordingly, disposed of. No costs. Pending miscellaneous applications, if any, shall stand closed. LISA GILL, CJ CHALLA GUNARANJAN, J akn Whether the order is Speaking/Reasoned : Yes / No Whether the order is Reportable : Yes / No 4 wa_717_2026 HON’BLE MRS.JUSTICE LISA GILL, CHIEF JUSTICE & HON’BLE MR. JUSTICE CHALLA GUNARANJAN Writ Appeal No:717 of 2026 DATE : 08.07.2026 AKN 58