Dismissed¶52

Gollavalli Satyanarayana, v. The State Of Andhra Pradesh

Andhra Pradesh HC8 Dec 2025WP/32835/2025

Case brief

AI extract

What is this about?

Writ petition dismissed; eviction of encroachments Undi canal Gollalakoderu village Palakoderu Mandal West Godavari; RS No. 238; power disconnection by APEPDCL; Section 38 A.P. Irrigation Utilization and Command Area Development Act 1984; protection of water bodies and tanks; PIL compliance WP(PIL) 140/2022, WP(PIL) 108/2022, WP 11983/2013, WP(PIL) 173/2022, WP 11494/2023; Supreme Court CA 4787 of 2001 and CA 1251 of 2006 Intellectual Forum Tirupati v State of AP; no interference; no order as to costs.

What did the court decide?

Disconnection of power supply by APEPDCL was in furtherance of the eviction required to be effected, in terms of this Court's various orders in the Public Interest Litigations, as the first step; therefore the Court found no reason to interfere with the eviction and the power disconnection. ¶51

Gollavalli Satyanarayana, Vs The State Of Andhra Pradesh — Andhra Pradesh HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Dismissed

¶52

Issue for consideration

Whether the Court should interfere with the eviction of encroachments from the Undi canal and the consequent disconnection of power supply by APEPDCL effected on 22.10.2025 and 23.10.2025 in pursuance of this Court's PIL directions.

¶51

Court's answer

¶51

Ratio / Principle

The evictions were carried out in the presence of the concerned Tahsildar, Panchayat Secretary and Police Department on 22.10.2025 and 23.10.2025, with the disconnection of power effected by APEPDCL.

¶51

Detailed headnote1 paragraphs

Writ Petition No. 32835/2025 (Gollavalli Satya Narayana and 8 other residents of Gollalakoderu village, Palakoderu Mandal, West Godavari District v. State of A.P. and others), decided on 09.12.2025 by Justice Gannamaneni Ramakrishna Prasad, High Court of Andhra Pradesh at Amaravati. The petitioners challenged the eviction of encroachments on the Undi canal and the disconnection of power supply by APEPDCL effected on 22.10.2025 and 23.10.2025. Per the Written Instructions of the Executive Engineer (FAC), Godavari West Division, Nidadavolu dated 02.12.2025, the action flowed from the District Collector's inspection directions and was required by the common orders of this Court in WP(PIL) No. 140 of 2022 & 22 other WPs/PILs, WP (PIL) No. 108 of 2022 & 27 other WPs/PILs/WAs, WP No. 11983 of 2013 & 3 other WPs, WP (PIL) No. 173 of 2022 and WP No. 11494 of 2023 (removal/demolition of encroachments on water bodies/tanks), and similarly by the Supreme Court's orders in CA No. 4787 of 2001 and CA No. 1251 of 2006 (Intellectual Forum, Tirupati v. State of AP & others); eviction was undertaken under Section 38 of the A.P. Irrigation, Utilization and Command Area Development Act, 1984 after 15 days' notice, with occupants vacating voluntarily on 22.10.2025, in the presence of the Tahsildar, Panchayat Secretary and Police, the power disconnection being done by APEPDCL. Holding that the disconnection of power was in furtherance of the eviction required by the PIL orders as a first step, the Court found no reason to interfere and dismissed the writ petition with no order as to costs; interlocutory applications stood closed.

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APHC010631452025

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[3328]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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(Special Original Jurisdiction)

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TUESDAY, THE NINTH DAY OF DECEMBER TWO T H OUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION NO: 32835/2025

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Between:

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GOLLAVALLI SATYA N ARAYANA,, S/O. SUBBRAO, AGED A BOUT 40 YEARS, D.NO. 4-3 0 , NEAR RAMALAYAM GOLLAL A KODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI D ISTRICT, A.P.

¶11

CHINTAPALLI DHA R MARAO,, S/O.VENKANNA AGED A BOUT 70 YEARS, D.NO. 4-130 / 1, GOLLALAKODERU VILLAGE, PAL A KODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

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BALLINJI RAMOJI RAO,, S/O. SANKARA RAO, AGED A BOUT 40 YEARS, D.NO. 4-25, GOLLALAKODERU VILLAGE, PAL A KODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

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UBBINA APPARAO,, S/O. APPANNA, AGED ABOUT 5 5 YEARS, D.NO. 4-2/2, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, . WEST GODAVARI D ISTRICT, A.P,

¶14

MYCHARLA PARV A THI,, C/O.MAALIBABU, AGED A B OUT 65 YEARS, D.NO. 4-8, GOLLALAKODERU VILLAGE, PAL A KODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

¶15

CHEKKALA KUMARI,, W/O. RAMANAIDU, AGED ABOUT 5 5 YEARS, D.NO. T-94/5, G OLLALAKODERU VILLAGE, PAL A KODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

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VELUDURTHY LAKS H MI NARASAMMA,, W/O. ANJANEYU L U, AGED ABOUT 40 YEARS, D.NO. 40-5, GOLLALAKODERU VILLAGE,

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PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

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MANDALA NAGESWARA RAO,, S/O. VENKANNA, AGED ABOUT 70 YEARS, 0.NO. 4-10, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

¶20

KARANAM SURYAKANTHAM,, S/O. KONDAYYA, AGED ABOUT 75 YEARS, D.NO. 4-4, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT, A.P.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, ENERGY DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, WEST GODAVARI DISTRICT AT BHIMAVARAM.

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THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, PALAKODERU MANDAL, WEST GODAVARI DISTRICT.

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THE TAHSILDAR, PALAKODERU MANDAL, WEST GODAVARI DISTRICT.

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THE PANCHAYATH SECRETARY, GOLALAKODERU GRAMA PANCHAYATH, PALAKODERU MANDAL MANDAL, WEST GODAVARI DISTRICT.

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THE ASSISTANT EXECUTIVE ENGINEER, APEPDCL, GOLLALAKODERU VILLAGE, PALAKODERU MANDAL, WEST GODAVARI DISTRICT.

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

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1.BANDA SAI SAMPATH KUMAR

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Counsel for the Respondent(S):

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1.GP FOR ENERGY

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2.GP FOR REVENUE

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3.YARRAGUNTLA.KOTESWARA RAO, STANDING COUNSEL FOR ZILLA PRAJA PARISHADS,MANDAL PRAJA PARISHADS AND GRA

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4.V V SATISH (SC for APEPDCL)

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5.GP FOR PANCHAYAT RAJ RURAL DEV

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6.GP FOR IRRI AND CAD

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The Court made the following:

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ORAL ORDER:

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Sri B. Sai Sampath, learned Counsel for the Petitioner, Sri A. Narasinga Rao, learned Assistant Government Pleader for Irrigation, Sri P. Chaitanya, learned Counsel representing Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat, Sri Y. Nagendra, learned Counsel representing Sri V.V. Sathish, learned Standing Counsel for APEPDCL, Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Finance & Planning.

¶43

Sri A. Narasinga Rao, learned Assistant Government Pleader for Irrigation has submitted the Written Instructions furnished by the Executive Engineer (FAC), Godavari West Division, Nidadavolu, dated 02.12.2025. Copy of it is supplied to the Counsel for the Petitioner and the same is taken on record.

¶44

The relevant portion of the Written Instructions is usefully extracted hereunder:

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“The District Collector, West Godavari District, Bhimavaram has inspected the Undi canal and instructed to remove the encroachments on war footing basis on the account of orders of the Hon'ble High court of Andhra Pradesh vide common orders in WP(PIL) No. 140 of 2022 & 22 other WPS/PILS WP (PIL) No. 108 of 2022 & 27 other WPS/PILS/WAS and WP No. 11983 of 2013 & 3 other WP'S and orders in WP (PIL) No.173 of 2022 and WP No. 11494 OF 2023 where in directed the official respondents to take steps for removal / demolition of encroachments on water bodies / tanks and get

¶46

¶47

possession of the said lands in accordance with law. The Hon'ble Supreme Court of India vide its orders in CA No. 4787 of 2001 and CA No. 1251 of 2006 (Intellectual) Forum, Tirupati Vs State of AP & others) issued similar orders for protection of water bodies / tanks.

¶48

In view of the above, the irrigation authorities concerned and directed to evict encroachments / occupations on water bodies U/S 38 of the A.P. Irrigation, Utilization and Command Area Development Act, 1984 under the provision read as.

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Any officer or authority in-charge of, or employed on any irrigation system may, remove from the land or any building thereon, or take into custody without warrant and forthwith hand-over to police officer in-charge of the nearest station, any person who within his view.

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In view of the above, eviction has been done in presence of Concerned Tahasiladar, Panchayat Secretary and Police Department on following day's i.e. on 22.10.2025 and 23.10.2025 duly disconnecting the power which was done by the APEPDCL. Before eviction of encroachments, concerned Panchayat and Irrigation staff informed to them to vacate from unauthorised occupations well before 15 days. They vacated voluntarily on 22.10.2025. Thereafter encroachments were removed. The Government have already given alternative sites to these encroachers earlier. But these encroachers are living till eviction of encroachments. The Eviction was completed by 23^rd of October 2025. There after no action has taken in RS No. 238.”

¶51

The above extract would also indicate that the evictions have been done in the presence of the concerned Tahsildar, Panchayat Secretary, and the Police Department on 22.10.2025 & 23.10.2025, duly disconnecting the power, which was done by APEPDCL. Since disconnection of power supply is in furtherance of the eviction, which is required to be effected in terms of the various Orders in Public Interest Litigation (PIL) by this Court as the first step, this Court does not find any reason to interfere.

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Accordingly, this Writ Petition is dismissed. No order as to costs.

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¶54

Interlocutory Applications, if any, stand closed in terms of this order.

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_________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J

Dt: 09.12.2025

DSV

214

HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

¶61

WRIT PETITION NO: 32835/2025

09.12.2025

DSV

HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

¶66

MAIN CASE No. WRIT PETITION NO: 32835/2025

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PROCEEDING SHEET

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Sl. No	DATE	ORDER
16.	09.12.2025	GRKP, J
		Writ Petition is dismissed. (vide separate order)
		DSV	___________ GRKP, J

¶69

Procedural history

How this case reached the court

AI extract

Order under challenge
Eviction/removal of encroachments on the Undi canal at Gollalakoderu village (including in RS No. 238) and disconnection of power supply by APEPDCL, effected on 22.10.2025 and 23.10.2025 in pursuance of this Court's PIL orders and Section 38 of the A.P. Irrigation, Utilization and Command Area Development Act, 1984.¶50
Executive Engineer (FAC), Godavari West Division, Nidadavolu - Irrigation Department, acting with the Tahsildar, Panchayat Secretary, Police Department and APEPDCL · 22.10.2025 and 23.10.2025
Prior proceeding
By common orders in a batch of PILs/writ petitions (WP(PIL) No. 140 of 2022 & 22 other WPs/PILs; WP (PIL) No. 108 of 2022 & 27 other WPs/PILs/WAs; WP No. 11983 of 2013 & 3 other WPs; WP (PIL) No. 173 of 2022; WP No. 11494 of 2023), the Hon'ble High Court of Andhra Pradesh directed official respondents to remove/demolish encroachments on water bodies/tanks and get possession of the lands in accordance with law.¶45
Prior proceeding
The District Collector, West Godavari District, Bhimavaram inspected the Undi canal and instructed removal of the encroachments on war footing basis pursuant to the High Court orders.¶45
Prior proceeding
The Hon'ble Supreme Court of India, by its orders in CA No. 4787 of 2001 and CA No. 1251 of 2006 (Intellectual Forum, Tirupati v. State of AP & others), issued similar orders for protection of water bodies/tanks.¶47
Prior proceeding
Sri A. Narasinga Rao, learned Assistant Government Pleader for Irrigation, submitted the Written Instructions furnished by the Executive Engineer (FAC), Godavari West Division, Nidadavolu, dated 02.12.2025; a copy was supplied to the petitioner's counsel and the instructions were taken on record.¶43
Prior proceeding
Before the eviction, the concerned Panchayat and Irrigation staff informed the occupants to vacate the unauthorised occupations well before 15 days; they vacated voluntarily on 22.10.2025, after which the encroachments were removed.¶50
Prior proceeding
The Government had already given alternative sites to these encroachers earlier, though they continued living there till the eviction.¶50

Gollavalli Satyanarayana, v. The State Of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

Gollavalli Satyanarayana, v. The State Of Andhra Pradesh

Case brief

What is this about?

What did the court decide?

What the court decided

Issues for consideration

Cases cited

Statutes considered

Procedural history

Parties & counsel

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