Disposed¶53

D.Bhasker Rao, v. State of A.P

Andhra Pradesh HC5 Oct 2025WP/29657/2017

Case brief

AI extract

What is this about?

Andhra Pradesh High Court, Amaravati; W.P.No.29657 of 2017; decided 06.10.2025 by Justice V. Sujatha; tank bed land protection; Amancherla village/cheruvu; tank poramboku; encroachment eviction; Sy.Nos.187/1, 188, 189, 190, 191, 191/1A; Ac 51.10; Ac.3-00 cents in Sy.No.188; Nellore Rural Mandal; Nellore District; Article 226 mandamus; Section 151 CPC petition; writ closed, no costs; connected matter W.P.No.21480 of 2016; Tahsildar letter Lr.No.Rc.B.1804/2016 dated 11.10.2022; IA No.1 of 2017 (WPMP 36899 of 2017).

What did the court decide?

No substantive relief; the writ petition was closed with no order as to costs, the Court recording that all encroachments in Amancherla tank had been evicted except in Sy.No.188 (Ac.3-00 cents), which is governed by the orders in W.P.No.21480 of 2016. ¶53

D.Bhasker Rao, Vs State of A.P — Writ and Judicial Review | Andhra Pradesh HC (2025)

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the action of the official respondents in not protecting the tank bed land to an extent of Ac 51.10 of Cheruyu in Sy.Nos.187/1, 188, 189, 190, 191, 191/1A of Amancherla Village, Nellore District, is illegal and arbitrary, warranting a mandamus directing them to protect the tank poramboku land from encroachments so as to enable the petitioners to draw sufficient water to their fields. +1 more

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Ratio / Principle

Since the respondents have evicted all the encroachments made in Amancherla tank except in Sy.No.188 to an extent of Ac.3-00 cents, no further orders are necessary with regard to the other survey numbers.

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Key takeaways

Insofar as Sy.No.188 is concerned, in view of the orders passed in W.P.No.21480 of 2016, no further orders are necessary in the present writ petition to that extent also.ratio¶52
Accordingly, the Writ Petition is closed with no order as to costs, and miscellaneous petitions, if any, pending shall stand closed.ratio¶53

Detailed headnote1 paragraphs

Writ Petition (Article 226) by agriculturists of Amancherla village, Nellore District, seeking a mandamus declaring illegal the official respondents' failure to protect tank bed land admeasuring Ac 51.10 in Sy.Nos.187/1, 188, 189, 190, 191, 191/1A of Amancherla cheruvu and to remove encroachments on the tank poramboku so that the petitioners could draw sufficient water to their fields. On the strength of the Tahsildar's instructions dated 13.09.2025 (relying on the then Tahsildar's letter Lr.No.Rc.B.1804/2016, dated 11.10.2022), the Court recorded that all encroachments in Amancherla tank stood evicted except in Sy.No.188 to an extent of Ac.3-00 cents, which is the subject matter of W.P.No.21480 of 2016, and that in view of the orders passed therein no further orders were necessary even to that extent. Holding that no further orders were necessary, the Court closed the writ petition, with no order as to costs, and closed pending miscellaneous petitions.

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APHC010524392017

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[3333]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29657/2017

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Between:

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D.BHASKER RAO,, S/O SANKARIAH, AGE: 55 YRS.. OCC: AGRICULTURE. R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST.

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KOMMI CHIRANJEEVIDU., S/O SUBBAIAH, AGE: 52 YRS.,OCC: AGRICULTURE, R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST.

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MALLINENI SHIVAJI., S/O VENKAIAH, AGE: 35 YRS., OCC: AGRICULTURE. R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST.

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MALLINENI SRIHARI., S/O VENKAIAH, AGED 65 YRS. OCC: AGRICULTURE, R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST.

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SADINENI VENKATESHWARLU,, S/O NARSAPU NAIDU, AGE: 60 )RS. OCC: AGRICULTURE. R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST.

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GATI DEVENDER BABU, S/O MASTANAIAH. AGE: 50 YRS., OCC: AGRICULTURE, R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST.

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...PETITIONER(S)

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AND

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STATE OF A P, REP :BY ITS PRL.SECRETERY IRRIGATION

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VS,J W.P.No.29657 of 2017

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DEPT.SECRETERIAT BUILDING, VELAGAPUDI. GUNTUR DIST.

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SUPDT ENGINEER, IRRIGATION DEPT. RAMALINGAPURAM, NELLORE.

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THE EXECUTIVE ENGINEER IRRIGATION DEPT, -

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THE DIST COLLECTOR NELLORE, -

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THE REVENUE DIVISIONAL OFFICER SPSR NELLORE DIST, -

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THE TAHSILDAR NELLORE, -

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PASALA RAMANAMMA, W/O VENKATESHWARLU. AGED ABOUT 53 YRS., AMANCHARLA (V). NELLORE RURAL MANDAL, SPSR, NELLORE DIST.

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MANDARA RAGHAVENDRA, S/O BALARAMAIAH, AGED ABOUT 58 YRS.. ARNANCHERLA (V), . NELLORE RURAL MANDAL, SPSR NELLORE DIST.

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MALLINENI RAMESH, S/O SHANKARIAH. AGED ABOUT 28 YRS.. R/O AMANCHERLA (V). NELLORE RURAL MANDAL, SPSR NELLORE DIST.

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MANDARA RATNAIAH, S/O RAGAIAH. AGED BOUT 35 YRS.,- R/O AMANCHERLA (V). NELLORE RURAL MANDAL. SPSR NELLORE DIST.

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...RESPONDENT(S):

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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 mandamus, declaring the action of the official respondents in not protecting the tank bed land to an extent of Ac 51.10 of Cheruyu in Sy. Nos. 187/1, 188, 189, 190, 191, 191/1A of Amancherla village.. Nellore Dist. as illegal, arbitrary and against the law laid down by Hon Thie supreme court and consequently direct them to take necessary steps to protect the tank poramboku land from the encroachments to enable the petitioners to draw the sufficient water to their fields and pass

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IA NO: 1 OF 2017(WPMP 36899 OF 2017

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VS,J W.P.No.29657 of 2017

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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 official respondents to remove the encroachments along the tank Poramboku to an extent of Ac 51.10 or Amancherla eheruvu situated at Sy.Nos. 187/1, 188, 189, 190, 191, 191/1A of Amancherla village. Nellore rural mandal, Nellore Dist. and pass

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Counsel for the Petitioner(S):

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1.C VANI REDDY

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Counsel for the Respondent(S):

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1.GP FOR ASSIGNMENT (AP)

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2.GP FOR REVENUE (AP)

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3.GP FOR IRRI AND CAD (AP)

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The Court made the following:

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VS,J W.P.No.29657 of 2017

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ORDER:

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The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief:

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“…to issue an appropriate writ order or direction more particularly one in the nature of mandamus, declaring the action of the official respondents in not protecting the tank bed land to an extent of Ac 51.10 of Cheruyu in Sy.Nos.187/1, 188, 189, 190, 191, 191/1A of Amancherla Village, Nellore Dist. as illegal, arbitrary and against the law laid down by Hon’ble Supreme Court and consequently direct them to take necessary steps to protect the tank poramboku land from the encroachments to enable the petitioners to draw the sufficient water to their fields.…”

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Heard learned counsel for the petitioner and the learned counsel for respondents.

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Today, when the matter came up for hearing, learned Assistant Government Pleader for Revenue has furnished a copy of instructions of the Tahsildar, Nellore Rural Mandal, dated 13.09.2025, wherein it is stated that the then Tahsildar addressed a letter to the Revenue Divisional Officer, Nellore vide Lr.No.Rc.B.1804/2016, dated 11.10.2022 with regard to encroachments in Amancherla Tank, informing that all the encroachments have been evicted from the Amancherla Tank except the land covered in Sy.No.188 to an extent of Ac.3-00 cents, which is the subject matter of W.P.No.21480 of 2016.

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In view of the fact that the respondents have evicted all the encroachments made in Amancherla tank, except in Sy.No.188 to an extent of Ac.3-00 cents, this Court is of the opinion that no further orders are necessary

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¶51

VS,J W.P.No.29657 of 2017

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with regard to other survey numbers. Insofar as Sy.No.188 is concerned, in view of the orders passed in W.P.No.21480 of 2016, no further orders are necessary in the present writ petition to that extent also.

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Accordingly, the Writ Petition is closed. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending shall stand closed.

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______________________ JUSTICE V.SUJATHA

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Date: 06.10.2025 KGR

Parties & counsel

AI extract

petitioner
D. Bhasker Rao, S/o Sankariah, aged 55 years, Agriculture, R/o Amancharla (V), Nellore Rural Mandal, Nellore Dist.¶8
C VANI REDDY
petitioner
Kommi Chiranjeevidu, S/o Subbaiah, aged 52 years, Agriculture, R/o Amancharla (V), Nellore Rural Mandal, Nellore Dist.¶9
C VANI REDDY
petitioner
Mallineni Shivaji, S/o Venkaiah, aged 35 years, Agriculture, R/o Amancharla (V), Nellore Rural Mandal, Nellore Dist.¶10
C VANI REDDY
petitioner
Mallineni Srihari, S/o Venkaiah, aged 65 years, Agriculture, R/o Amancharla (V), Nellore Rural Mandal, Nellore Dist.¶11
C VANI REDDY
petitioner
Sadineni Venkateshwarlu, S/o Narsapu Naidu, aged 60 years, Agriculture, R/o Amancharla (V), Nellore Rural Mandal, Nellore Dist.¶12
C VANI REDDY
petitioner
Gati Devender Babu, S/o Mastanaiah, aged 50 years, Agriculture, R/o Amancharla (V), Nellore Rural Mandal, Nellore Dist.¶13
C VANI REDDY
respondent
State of A.P., rep. by its Prl. Secretary, Irrigation Dept., Secretariat Building, Velagapudi, Guntur Dist.¶16
GP FOR ASSIGNMENT (AP), GP FOR REVENUE (AP), GP FOR IRRI AND CAD (AP)
respondent
Superintendent Engineer, Irrigation Dept., Ramalingapuram, Nellore¶20
GP FOR ASSIGNMENT (AP), GP FOR REVENUE (AP), GP FOR IRRI AND CAD (AP)
respondent
The Executive Engineer, Irrigation Dept.¶21
GP FOR ASSIGNMENT (AP), GP FOR REVENUE (AP), GP FOR IRRI AND CAD (AP)
respondent
The District Collector, Nellore¶22
GP FOR ASSIGNMENT (AP), GP FOR REVENUE (AP), GP FOR IRRI AND CAD (AP)
respondent
The Revenue Divisional Officer, SPSR Nellore Dist.¶23
GP FOR ASSIGNMENT (AP), GP FOR REVENUE (AP), GP FOR IRRI AND CAD (AP)
respondent
The Tahsildar, Nellore¶24
GP FOR ASSIGNMENT (AP), GP FOR REVENUE (AP), GP FOR IRRI AND CAD (AP)
respondent
Pasala Ramanamma, W/o Venkateshwarlu, aged about 53 years, Amancharla (V), Nellore Rural Mandal, SPSR, Nellore Dist.¶25
respondent
Mandara Raghavendra, S/o Balaramaiah, aged about 58 years, Arnancherla (V), Nellore Rural Mandal, SPSR Nellore Dist.¶26
respondent
Mallineni Ramesh, S/o Shankariah, aged about 28 years, R/o Amancherla (V), Nellore Rural Mandal, SPSR Nellore Dist.¶27
respondent
Mandara Ratnaiah, S/o Ragaiah, aged about 35 years, R/o Amancherla (V), Nellore Rural Mandal, SPSR Nellore Dist.¶28

Coram

AI extract

Justice V. Sujathaauthor¶6

D.Bhasker Rao, v. State of A.P

Case brief

What is this about?

What did the court decide?

D.Bhasker Rao, v. State of A.P

Case brief

What is this about?

What did the court decide?

Why is it important?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

Coram

Case details

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