Thanda Channappa Vs State of Andhra Pradesh

THANDA CHANNAPPA, S/O.PEDDA SARAVENNA, AGED ABOUT 68 YEARS, OCC. CULTIVATION, R/O.D.NO.5-12, MAIN ROAD, NEAR. DEVAMMA TEMPLE, KANEKAL VILLAGE AND MANDAL, ANANTHAPUR DISTRICT.

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...PETITIONER

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AND

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STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT.

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DISTRICT COLLECTOR, ANANTHAPURAM DISTRICT AT ANANTHAPURAM

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REVENUE DIVISIONAL OFFICER, KALYAN DURGAM REVENUE DIVISION, KALYAN DURGAM TOWN, ANANTHAPURAM DISTRICT.

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TAHSILDAR, KANEKAL MANDAL, ANANTHAPURAM DISTRICT.

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THE SUPERINTENDENT ENGINEER, DISTRICT HIGH LEVEL CANAL OFFICE (TUMGABHADRA CANAL), IRRIGATION AND COMMAND AREA DEPARTMENT, ANANTHAPURAM DISTRICT AT ANANTHAPURAM.

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THE DEPUTY ENGINEER, H.L.C.OFFICE (TUMGABHADRA CANAL), IRRIGATION AND COMMAND AREA DEPARTMENT, KANEKAL MANDAL, ANANTHAPURAM DISTRICT.

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2

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THE FOREST OFFICER NURSERY, DISTRICT FOREST OFFICE, ANANTHAPURAM DISTRICT.

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THE KURUBHA SANGAM, REP.BY ITS PRESIDENT, KANEKAL MANDAL, ANANTHAPURAM DISTRICT.

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THE BALIJA SANGAM, REP. BY ITS PRESIDENT, KANEKAL MANDAL, ANANTHAPURAM DISTRICT

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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 tomay be to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondents 2 to 6 in not taking action on my representations dated 22-04-2022 and 09-052022 against the encroachments is being made by the respondents 7 to 9 in Survey No.534 of Kanekal Revenue village in Kanekal Mandal of Ananthapuram District, as illegal, irregular, irrational, without any authority of law Articles 14 and 21 of Constitution of India and consequently direct the respondents 2 to 6 to protect the Water Tank land for an extent of Ac.6.50 cents in Survey No.534 of Kanekal Revenue village in Kanekal Mandal of Ananthapuram District from the encroachments and remove the encroachments made by the respondents 7 to 9 and pass such

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IA NO: 1 OF 2022

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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 may be pleased to direct the respondents to consider and decide on my representations dated 22-04-2022 and 09-05-2022 for prevention of encroachments is being made the respondents 7 to 9 on the Water Tank land for an extent of Ac.6.50 cents in Survey No.534 of Kanekal Revenue village in Kanekal Mandal of Ananthapuram District, pending disposal of the main Writ Petition and pass such

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IA NO: 1 OF 2026

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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 this Hon’ble High Court may be pleased to vacate the interim order dated 07.07.2022 in WP.No. 19371 of 2022 and dismiss the Writ Petition and pass such other order or orders

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3

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Counsel for the Petitioner:

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1.NAGA PRAVEEN VANKAYALAPATI

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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2.GP FOR FORESTS

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3.GP FOR IRRI AND CAD (AP)

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4.TURAGA SAI SURYA

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The Court made the following order:

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Heard Sri Naga Praveen Vankayalapati, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for respondent Nos.1 to 4, learned Assistant Government Pleader for Irrigation and CAD appearing for respondent Nos.5 & 6, learned Assistant Government Pleader for Forest appearing for respondent No.7 and Sri Turaga Sai Surya, learned counsel appearing for respondent Nos.8 & 9.

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The grievance of the petitioner in the instant writ petition is against the inaction of the respondents in considering the representations of the petitioner dated 22.04.2022 and 09.05.2022 for the removal of the encroachment made

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by unofficial respondent Nos. 8 and 9 in Sy.No.534 of Kanekal Revenue Village, Kanekal Mandal, Ananthapuram District.

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The 4^th respondent filed a counter-affidavit stating that, pursuant to the representation filed by the petitioner, action has been initiated and notices have already been issued under Section 7 of the Andhra Pradesh Land Encroachment Act, 1905.

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Having regard to the contentions advanced, this Court deems it appropriate to dispose of the Writ Petition with a direction to the 4^th respondent to pass appropriate orders on the representations dated 22.04.2022 and 09.05.2022 filed by the petitioner, as expeditiously as possible, within a period of eight (8) weeks from the date of receipt of a copy of this order, after affording due opportunity of hearing to the petitioner and unofficial respondent Nos.8 and 9.

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