APHC010151052026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8338/2026 Between:

1. K.G VENKATESWARA RAO, S/O MAHESWARARAO, AGED 53 YEARS, R/O 2-57, KATTAVARI PALEM, MOGALAMURRU DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 0

2. THE SUPERINTENDENT ENGINEER, IRRIGATION (DRAINS)

DEPARTMENT, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, DOWLAISWARAM.

3. THE EXECUTIVE ENGINEER, IRRIGATION (DRAINS) DEPARTMENT, DR.B.R.AMBEDKAR KONASEEMA DISTRICT. AMALAPURAM, 4. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT - DRAINAGE SECTION - IV, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA DISTRICT.

5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT -

DRAINAGE SECTION, AMALAPURAM, DR.B.R.AMBEDKAR KONASEEMA 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 or order or direction, more particularly one in the nature of WRIT OF MANDAMUS or any other writ/s declaring the action of the 5th respondents in issuing the impugned notice dated 27/02/2026 directing removal of the petitioner's constructions ac. 0.02 cts (97 Sq. Yards) situated in R.S.No. 118 of Mogallamuru Village, Allavaram Mandal, Dr. B.R. Ambedkar Konaseema District as illegal, arbitrary, without jurisdiction and violative of principles of natural justice, and consequently set aside the impugned notice dated 27/02/2026 by directing the respondents not to interfere with peaceful possession and enjoyment of the petitioners property admeasuring an extent of ac. 0.02 cts (97 Sq. Yards) situated in R.S.No. 118 of Mogallamuru Village, Allavaram Mandal, Dr. B.R. Ambedkar Konaseema District without following the procedure contemplated and 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 to direct the respondents herein not to interfere with peaceful possession and enjoyment of the property of petitioner admeasuring ac. 0.02 cts (97 Sq. Yards) situated in R.S.No.118 of Mogallamuru Village, Allavaram Mandal, Dr. B.R. Ambedkar Konaseema District in any manner by suspending the further action pursuant to the impugned notice dated 27/02/2026 and pass Counsel for the Petitioner:

1. PONNADA SREE VYAS Counsel for the Respondent(S):

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

Questioning the notice dated 27.02.2026 issued by respondent No.4, whereby the petitioner was directed to remove constructions in the property admeasuring Ac.0.02 cents (97 sq yards) situated in Rs.No.118 of Mogallamuru Village, Allavaram Mandal, Dr.B.R.Ambedkar Konaseema District, the present Writ Petition is filed.

2. Heard Sri Amirisetty Sai Raghava, learned counsel, representing Sri Ponnada Sree Vyas, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation Department.

3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that the petitioner is peaceful possession and enjoyment of the subject property. In the said property, there exists a small residential house and a petty shop, from which the petitioner has been eking out his livelihood. He further submitted that through there is no registered sale deed in favour of the petitioner, he has been in continuous possession and enjoyment of the said property for several years, which is evident from the electricity service connection provided to the premises and the electricity bills issued from time to time, which stand in the name of the petitioner. He further submitted that