APHC010154052019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 8th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6716/2019 Between: 1. POLAVARAPU JAGANMOHAN RAO, S/O. BUCHAIAH AGED ABOUT 58 YEARS, OCC AGRICULTURE PEYYERU VILLAGE, MUDENEPALLI MANDAL KRISHNA DISTRICT. A.P. 2. MUTYALA GANGADHAR RAO,, S/O. VENKAT RAO ABOUT 48 YEARS, OCC CULTIVATION PEYYERU VILLAGE, MUDENEPALLI MANDAL KRISHNA DISTRICT. A.P. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, , REP.BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT A.P SECRETARIAT, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM, A.P. 3. THE REVENUE DIVISIONAL OFFICER, GUDIWADA, KRISHNA DISTRICT. 4. THE TAHSILDAR, MUDENEPALLI MANDAL KRISHNA DISTRICT. 5. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT PEEYYERU VILLAGE, MUDENEPALLI MANDAL, KRISHNA DISTRICT. 6. THE SECRETART GRAMPANCHAYAT, PEYYARU VILLAGE, 2 VS,J W.P.No.6716 of 2019 MUDENEPALLI MANDAL KRISHNA DISTRICT. 7. THE SUBINSPECTOR OF POLICE, MUDENEPALLI P.S, MUDENEPALLI MANDAL KRISHNA DISTRICT. A.P. 8. BODDU SUBBARAO, S/O. KOTAIAH AGED ABOUT 50 YEARS , OCC AGRICULTURE PEYYARU VILLAGE, MUDENEPALLI MANDAL KRISHNA DISTRICT. 9. BODDU RAMANA, W/O. SUBBARAO AGED ABOUT 45 YEARS , OCC HOUSE WIFE PEYYARU VILLAGE, MUDENEPALLI MANDAL KRISHNA DISTRICT. 10. K DAVEEDU, S/O. SANJEEV RAO AGED ABOUT 55 YEARS , OCC AGRICULTURE, PEYYARU, VILLAGE, MUDENEPALLI MANDAL KRISHNA 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 to issue an appropriate Writ Order or orders, Direction or Direction more one in the nature of Writ of Mandamus declaring the inaction of the respondents No. 2 to 7 in taking action against the respondent No. 8 to 10 for the illegal activities of dispossession the petitioners from the agriculture activities through common irrigation channel Bund Path-ways at R.S. No. 62/2, 62/3. 69/3 (j), 70/1 (b), 49, 50/A, 47/1, 64/1 (A), 48, 70, 108, 109, 110, 111, 112, 113, 114, 115, 116 and 117 at Dakaram village and Peyyeru Village, Mudenepalli Mandal Krishna District act upon the petitioners complaint/Representation dated 14-5-2019 is highly illegal, arbitrary and Violation of Article 14, 21, and 300 (A) of Constitution of the India and also violation of the Principles of the Natural Justice. and consequently direct the respondents No. 2 to 7 to act upon the petitioners representation and complaint dated 14-5-2019 to take necessary legal action against the respondent no. 8 to 10 and pass IA NO: 1 OF 2019 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 No. 2 to 7 to act upon the petitioners representation and complaint dated 14-5-2019 to take necessary legal action against the 3 VS,J W.P.No.6716 of 2019 respondent no. 8 to 10 and pass such other or further orders as this Hon'ble Court may deem fit and proper in the circumstances of the case. and pass Counsel for the Petitioner(S): 1. VENKATESWARLU GADA Counsel for the Respondent(S): 1. GP FOR HOME (AP) 2. GP FOR REVENUE (AP) 3. G SESHADRI(SC FOR MPP ZPP) 4. RAJANIKANTH JWALA 5. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS,J W.P.No.6716 of 2019 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “…to issue an appropriate Writ Order or orders, Direction or Direction more one in the nature of Writ of Mandamus declaring the inaction of the respondents No. 2 to 7 in taking action against the respondent No. 8 to 10 for the illegal activities of dispossession the petitioners from the agriculture activities through common irrigation channel Bund Path-ways at R.S. No. 62/2, 62/3. 69/3 (j), 70/1 (b), 49, 50/A, 47/1, 64/1 (A), 48, 70, 108, 109, 110, 111, 112, 113, 114, 115, 116 and 117 at Dakaram village and Peyyeru Village, Mudenepalli Mandal Krishna District act upon the petitioners complaint/Representation dated 14-5-2019 is highly illegal, arbitrary and Violation of Article 14, 21, and 300 (A) of Constitution of the India and also violation of the Principles of the Natural Justice. and consequently direct the respondents No. 2 to 7 to act upon the petitioners representation and complaint dated 14-5-2019 to take necessary legal action against the respondent no. 8 to 10 and pass…” 2. The petitioners claim to be the absolute owners and possessor of the land situated in R.S.No.62/2, 62/3, 69/3 (j), 70/1 (b), 49, 50/A, 47/1, 64/1(A), 48, 70, 108, 109, 110, 111, 112, 113, 114, 115, 116 and 117 of Dakaram village and Peyyeru village, Mudenepalli mandal, Krishna district and have been in possession of the same for more than three decades. The respondent authorities have also issued pattadar passbooks and title deeds in favour of the petitioners in relation to the subject property. 5 VS,J W.P.No.6716 of 2019 3. While the matter stood thus, the respondent Nos.8 to 10 started encroaching the water channel bund of common pathway, which is a government poramboke by obstructing the petitioners from doing their agricultural activities and threatening with dire consequences. Aggrieved by the action of the respondent Nos.8 to 10, the petitioners submitted several complaints and representations to respondent Nos.2 to 7 on various occasions and the latest being 14.05.2019. As no action has been initiated pursuant to several complaints/representations submitted by the petitioners, the present writ petition is filed. 4. In spite of several adjournment, the respondents have not chosen to file counter affidavit. 5. Heard Sri. Gada Venkateswarlu, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue. 6. Perused the entire material available on record. Today when the writ petition came up for hearing, learned Assistant Government Pleader, on oral instructions stated that as the representation dated 14.05.2019 made by the petitioners is very vague, without even specifying the extent of land allegedly encroached by the unofficial respondents, no action could be initiated by the respondent authorities. Upon such submission, learned counsel for the petitioners stated that the petitioners would submit a fresh representation to the respondent authorities ventilating their grievance, duly mentioning all the relevant details. 6 VS,J W.P.No.6716 of 2019 7. On a perusal of the representation submitted by the petitioners on 14.05.2019, it is evident that except mentioning various survey numbers, admittedly, the petitioners failed to mention the extent of land which is allegedly encroached by respondent Nos.8 to 10. 8. In view of the same, instead of going into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the petitioners to make a fresh representation ventilating their grievance, if any, to the respondent authorities, on receipt of which, the respondent authorities shall consider the same and initiate necessary action, in accordance with law. 9. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 08.09.2026 Gss