Allowed

Duggireddi Thimmareddigari Venkata Siva Reddy v. The State of Andhra Pradesh

Andhra Pradesh HC9 Nov 2022WP/18992/2022

Case brief

AI extract

What is this about?

The Writ Petition alleges that a PWD water canal existing on Government land was filled up. The Court dispensed with a contested previous survey and directed the 4th Respondent to conduct a fresh, noticed survey to demarcate boundaries. Upon receipt of the report, the 2nd Respondent was directed to excavate the canal within two months.

What did the court decide?

Directed 4th Respondent to demarcate canal boundaries after noticed survey by end-Dec-2022; 2nd Respondent to excavate canal within two months of receiving report.

Duggireddi Thimmareddigari Venkata Siva Reddy Vs The… — Land Acquisition | Andhra Pradesh HC (2022)

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HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO WRIT PETITION No.18992 of 2022

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ORDER:

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The petitioner owns agricultural lands in Survey No.397 of Sunkesula Village, Khajipeta Mandal, YSR Kadapa District. The contention of the petitioner is that there was a PWD Canal, going through Government land in Sy.No.443/2A2, to an extent of Ac.0.48 cents which was being used for supply of water to the fields of the petitioner and other farmers in the area.

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The petitioner has approached this Court with the complaint that the said water canal has been filled up and the 5^th respondent was not permitting the said canal to be reexcavated.

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The petitioner’s further grievance is that the

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Irrigation Authorities were not taking steps for excavating and maintaining the existing water canal.

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The Irrigation Authorities had taken the stand that the said PWD canal could not be excavated as Revenue Authorities had not demarcated the boundaries of the canal. In view of these complaints, this Court by an order dated 01.08.2022 had directed the 4^th respondent, to conduct a survey for demarcating the agricultural land, running through 443/2A2, and to file a report along with the said survey plan.

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This survey was conducted on 17.09.2022. However, the learned counsel appearing for the 5^th respondent, in his submission on 21.09.2022, had taken the objection that the said survey was conducted in the absence of the 5^th respondent and as such, the survey cannot be the basis for excavating the water canal.

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In order to obviate all these disputes and difficulties, this writ petition is being disposed of with the following directions:

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1. The 4^th respondent shall conduct a survey of the land and demarcate the boundaries of the water canal in the

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last week of December, 2022;

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1. This exercise shall be conducted after due notice to the

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5^th respondent and the petitioner;

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1. The report shall then be forwarded to the 2^nd

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respondent within one week of conduct of the said survey;

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Upon receipt of the said survey report, the 2^nd respondent shall take all necessary steps to excavate the PWD canal which was earlier in existence by excavating the same within a period of two months from the date of receipt of the report from the 4^th respondent.

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As a sequel, pending miscellaneous petitions, if any, shall

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stand closed.

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____________________________ R. RAGHUNANDAN RAO, J.

09.11.2022

RJS

HON’BLE SRI JUSTICE R. RAGHUNANDAN RAO

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WRIT PETITION No.18992 of 2022

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09.11.2022

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RJS

Duggireddi Thimmareddigari Venkata Siva Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Duggireddi Thimmareddigari Venkata Siva Reddy v. The State of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

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