APHC010031812026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2003/2026 Between:

1. D ODDIPALLI RAJA REDDY,, S/O. CHINNA NARASAREDDY, AGED ABOUT 76 YRS, OCC. RTD LECTURER, R/O. MALTIVARIPALLI, EGAVURU POST, DIGAVOORU, CHINNAGOTTIGALLU (M), TIRUPATHI DIST.

2. D ODDIPALLI SAMPATH KUMAR REDDY,, S/O. RAJA REDDY, AGED ABOUT 42 YEARS, OCC. PRIVATE JOB, R/O. MATILAVARIPALLI, EGAVURU POST, DIGAVOORU, CHINNAGOTTIGALLU (M), TIRUPATHI DIST. ...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE SUPERINTEND ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, THIRUPATHI DISTRICT, THIRUPATHI.

3. T HE EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, THIRUPATHI DISTRICT, THIRUPATHI.

4. T HE TAHSILDAR, CHINNAGOTTIGALLU MANDAL, TIRUPATHI DISTRICT.

5. T HE ASSISTANT ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, CHINNAGOTTIGALLU MANDAL, TIRUPATHI DISTRICT.

6. M R GIRISH KUMAR, S/O. NOT KNOWN TO PETITIONER, MAJOR, WORKING AS ASSISTANT EXECUTIVE ENGINEER, IRRIGATION AND WATER RESOURCES DEPARTMENTS, CHINNAGOTTIGALLU MANDAL, TIRUPATHI 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 an appropriate writ, order or direction, more particularly one in the nature of Writ of Mandamus declaring the action of the respondents especially the 5th respondent in entering into the private land of the petitioners high handedly and laying road with a width of nearly 22 feet under the guise of repairing field canal through the lands of the petitioners situated in Survey Nos.182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District respectively and to declare the same as illegal, arbitrary, unjust also in violation of principles of natural justice apart from violation of Article 300-A of the Constitution of India and consequently direct the respondents not to lay any road through the lands of the petitioners situated in Survey Nos.182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District without following the procedure contemplated under law and to pass IA NO: 1 OF 2026 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 interfere with the lands of the petitioners situated in Survey Nos. 182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District and lay road under the guise of repairs of field canal in the interest of justice and to pass Counsel for the Petitioner(S):

1. G L NAGESWAR RAO Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR IRRI AND CAD The Court made the following:

ORDER

The Writ Petition has been filed aggrieved by action of respondent No.5 in entering into the petitioners’ private land high-handedly and laying road with a width nearly 22 feet under the guise of repairing field canal through the lands of the petitioners situated in Survey Nos.182 and 183 of Digavuru Village, Chinnagottigallu Mandal, Tirupathi District, without following law.

2. Heard Sri G.L.Nageswar Rao, learned counsel for the petitioners, Sri Somaraju, learned Government Pleader for Irrigation and Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue appearing for the respondents.

3. While reiterating the contents in the affidavit, learned counsel for the petitioners submitted that the respondent authorities are trying to lay road in the petitioners' land without acquiring the same. If such road is laid high- handedly, it affects the rights of the petitioners. As such, prayed to pass appropriate orders.

4. L