IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVAT

(Special Original Jurisdiction)

TUESDAY, THE SIXTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY TWO

:PRESENT:

THE HONOURABLE THE CHIEF JUSTICE PRASHANT KUMAR MISHRA AND THE HONOURABLE SRI JUSTICE D.V.S.S.SOMAYAJULU

W.P.(P.I.L) Nos: 108 & 105 OF 2022, W.P.(PIL) Nos.110 OF 2022 and W.P.(PIL)No.128 of 2021 & W.A.No.546 of 2022

W.P.(P.I.L) No: 108 OF 2022

Between:

In Re.....

Protection of Water Bodies and all related aspects of the matter, including removal of encroachments over the water bodies throughout the State

........Petitioner

AND

• 1. The State of Andhra Pradesh, Represented by its Chief Secretary to Government, Secretariat, Velagapudi, Amaravati.
• 2. The State of Andhra Pradesh, Represented by its Principal Secretary, Municipal Administration and Urban Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.
• 3. The State of Andhra Pradesh, Represented by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravati, Guntur District.
• 4. The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation and Water Resources Departments, Secretariat, Velagapudi. Amaravati, Guntur District.
• 5. The Director General of Police, DGP Camp Office, Vijayawada.
• 6. The District Collector, Alluri Sitharama Raju District.
• 7. The Superintendent of Police, Alluri Sitharama Raju District.
• 8. The District Collector, Anakapalli District.
• 9. The Superintendent of Police, Anakapalli District.
• 10. The District Collector, Ananthapuramu District.
• 11. The Superintendent of Police, Ananthapuramu District.
• 12. The District Collector, Annamayya District.
• 13. The Superintendent of Police, Annamayya District.
• 14. The District Collector, Bapatla District.
• 15. The Superintendent of Police, Bapatla District.
• 16. The District Collector, Chittoor District.
• 17. The Superintendent of Police, Chittoor District
• 18. The District Collector, East Godavari District.

19. The Superintendent of Police, East Godavari District

The District Collector, Eluru District.

21. The Superintendent of Police, Eluru District

22. The District Collector, Guntur District.

23. The Superintendent of Police, Guntur District

24. The District Collector, YSR Kadapa District.

25. The Superintendent of Police, YSR Kadapa District

26. The District Collector, Kakinada District.

27. The Superintendent of Police, Kakinada District

28. The District Collector, Krishna District.

29. The Superintendent of Police, Krishna District

30. The District Collector, Dr.B.R.. Ambedkar Konaseema District.

31. The Superintendent of Police, Dr.B.R.Ambedkar Konaseema District

32. The District Collector, Kurnool District.

33. The Superintendent of Police, Kurnool District.

34. The District Collector, Parvathipuram Manyam District.

35. The Superintendent of Police, Parvathipuram Manyam District

36. The District Collector, Nandyal District.

37. The Superintendent of Police, Nandval District

38. The District Collector, NTR District.

39. The Superintendent of Police, NTR District

40. The District Collector, Palnadu District.

41. The Superintendent of Police, Palnadu District

42. The District Collector, Prakasam District.

43. The Superintendent of Police, Prakasam District

44. The District Collector, Nellore District.

45. The Superintendent of Police, Nellore District

46. The District Collector, Tirupati District.

47. The Superintendent of Police, Tirupati District

48. The District Collector, Sri Sathya Sai District.

49. The Superintendent of Police, Sri Sathya Sai District

50. The District Collector, Srikakulam District.

51. The Superintendent of Police, Srikakulam District

52. The District Collector, Vishakhapatnam District.

53. The Superintendent of Police, Vishakhapatnam District

54. The District Collector, Vizianagaram District.

55. The Superintendent of Police, Vizianagaram District.

56. The District Collector, West Godavari District.

57. The Superintendent of Police, West Godavari District

........Respondents

Petition under Article 226 of the Constitution of India, praying that in the reasons stated in the order, dated 27.06.2022, passed by the Hon'ble Division Bench consisting of the Hon'ble the Chief Justice and the Hon'ble Sri Justice D.V.S.S. Somayajulu, in W.A.No.546 of 2022, wherein it was observed that not only the private individuals but the Government also constructed buildings over the subject cheruvu situated in Sy.No.534/1 in Ampolu Gram Panchayat of Gara Mandal in Srikakulam District, and in view of the settled law of the Hon'ble Supreme Court in Intellectuals Forum, Tirupathi v. State of A.P. reported in 2006 (2) ALT 67 (SC) that the water bodies are to be protected and they shall not be put to any other use, the

Registry was directed to register Suo Motu Public Interest Litigation so as to issue directions for protection of water bodies and all related aspects of the matter including removal of encroachments over the water bodies throughout the State, and to issue appropriate directions to all the respondents concerned in the matter.

The petition coming on for hearing, upon perusing the material on record and the Order of the High Court dated 27.06.2022 and upon hearing the arguments of learned Advocate General for the Respondents.

W.P.(PIL) NO: 105 OF 2022

Between:

Madineni Uma Maheshwara Naidu, S/o Madineni Chinna Parvathaiah, Aged about 49 Yrs, Occ Farmer, R/o 9A-46A-99, WARD 09, Kalyandurgam, Ananthapuramu, AP - 515 761, Mobile No.9640169999, Email ID [email protected], [email protected] Aadhar No.8646 9774, 9980 PAN Card No.AARPU1937H, Bank A/c No.31572200098758 of Canara Bank, 13157-Kalyandurg-515761.

........Petitioner

AND

• 1. The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Revenue, Velagapudi, Amaravathi, Andhra Pradesh
• 2. The District Collector, Ananthapur Town and District, Andhra Pradesh
• 3. The Revenue Divisional Officer, Kalayanadurgam Division, Kalyandurgam, Ananthapur District, Andhra Pradesh
• 4. The Mandal Revenue Officer, Kalyandurgam Mandal, Ananthapur District, Andhra Pradesh
• 5. B. Naga Raju, S/o Thimappa, Aged About 35, Occ Business, Gunipalli village, Kalyanadurgamandal, Anantapur District.
• 6. M. Siva Shankar Naik, S/o M. Jeewla Naik, Aged About 40 years, Occ Business, Bomanagallipalli village, Kalyanadurgam Village, Ananthapur District

........Respondents

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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of Respondent Nos.2,3 and 4 in not taking any action for preventing the occupation and filing of the take named as Subedar Kunta from illegal occupation and filing with the waste mud for the purpose of converting the lake into house site plots by the Respondents No.5 and 6 and others, admeasuring Ac. 92-81 gts, in Sy.No.329 situated at kalayanadurgam municipality limits, Anantapur District which is illegal, arbitrary and also clear violation of G.O.Ms No.168, dt. 07.04.2012 and also against Articles 21, 48-A and 51A (g) of The Constitution of India and Consequently

To direct the respondent No.1 to 4 to protect the subedar Kunta lake from the a) illegal encroachers in particularly respondent No.5 and 6 and take necessary steps to restore the subedar kunta by removing the filled mud.

$b)$ To direct the respondent No.2 to 4 to conduct the survey and fix the boundaries of subedar kunta so as to prevent from the illegal encroachers.

$c)$ To direct the respondent 2 to 4 to take steps to file a complaint and register the cases against the respondent No.5 and 6 and others who have occupied the subedhar kunta for the offence under the section 430 of IPC.

IA NO: 1 OF 2022

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 not to allow any encroachments or make any change of lake called subedar kunta from the respondent no.5 and 6 and other illegal occupiers, admeasuring Ac.92-81 grs, in Sy.No.329, situated at Kalayanadurgam municipality limits, Anantapur District, Pending disposal of WP(PIL) 105 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI.Y.BALAJI Advocate for the Petitioner and learned Government Pleader for Revenue for Respondents, for the Respondents.

W.P.(PIL).NO: 110 OF 2022

Between:

Bondada Jayaraju, S/o. Lakshmanaswamy Aged 40 years, Occ:Cultivation, R/o.D.No.4-265, New Kondarada, Pitapuram Mandal, East Godavari District. Aadhar No. 363879536605

........Petitioner

AND

• 1. State of Andhra Pradesh, rep.by its Principal Secretary, Revenue Department. Secretariat, Velagapudi, Amaravati, Guntur District.
• 2. The District Collector, East Godavari District
• 3. Talasildar, Pitapuram Mandal, East Godavari District.
• 4. Kandarada Grampanchayat, rep.by its Executive Officer, Kandarada. Pitapuram Mandal, East Godavari District.

........Respondents

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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in converting Water Tank called Sita Rama Cheruvu covered by Sy.No.131 of Kandarada Village, Pitapuram Mandal, Kakinada District into house sites is illegal, arbitrary and violation of Article 21 of the Constitution of India and to consequently direct the respondents not to convert the water tank for any other purpose and further direct the respondent to restore the waterbody to its original position.

IA NO: 1 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents to immediately remove the filled gravel from water tank in order to make water tank useful to store the rain water, pending disposal of WP(PIL).No.110 of 2022, on the file of the High Court.

IA NO: 2 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to convert the water body called "Sita Rama Cheruvu" covered by Sy.No.131 of Kandarada Village, Pitapuram Mandal, Kakinada District into house sites, pending disposal of the WP(PIL).No.110 of 2022, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of SRI.V.V.SATISH Advocate for the Petitioner and learned Government Pleader for Revenue for Respondent Nos.1 to 3, Sri.I.Koti Reddy, learned Standing Counsel for Respondent No.4.

W.P.(PIL) NO: 128 OF 2021

Between:

Padala Lakshmana Rao, S/o. Late P. Papi Naidu, Aged about 55 years, R/o.H.No.4-100, Raja Veedhi, Kotturu Village and Mandal, Srikakulam District- 532 455, Mobile No.9666601436, Aadhar Card No.5377 4965 4662

AND

...Petitioner

• 1. The State of Andhra Pradesh, Represented by its Principal Secretary, Revenue Department, A.P Secretariat Building, Velagapudi, Guntur District
• 2. The District Collector, Srikakulam District @ Srikakulam
• The Tahsildar, Kotturu Mandal, Srikakulam District
• 4. The Station House Officer, Kotturu Police Station, Srikakulam District
• 5. Burla Srinivasa Rao, S/o Ramana Murthy Naidu, Aged about 45 years, R/o D.No.1-56, Krishnapuram Village, Kotturu Mandal, Srikakulam District
• 6. Adapaka Parvathi, W/o Lakshmana Rao, Aged about 61 years, R/o D.No.1-44, Barripeta Village, Hiramandalam Mandal, Srikakulam District

........Respondents

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein, the High Court may be pleased to issue a writ order or direction more particularly one in the nature, of a Writ of Mandamus, declaring the inaction of the Respondents in prevention of unauthorized construction and encroachment made in Gowramma Tank comprising an extent of Ac.1.58 cents in Sy.No.239 of Kotturu Village and Mandal, Srikakulam District classified as Tank Poramboke as illegal, irregular, arbitrary, unconstitutional, unjustified and unsustainable and consequently direct the Respondents to prevent the raising of any structures and encroachments anywhere in Gowramma Tank in Sy.No.239 of Kotturu Village and Mandal, Srikakularh District, by way of cancelling the pattas granted in S.No.239 classified as Tank Poramboke.

IA NO: 1 OF 2021

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the Respondents to forthwith prevent the raising of any structures and encroachments in Gowramma Tank admeasuring an extent of Ac.1.58 cents in Sy.No.239 of Kotturu Village and Mandal, Srikakulam District classified as Tank Poramboku, pending disposal of WP(PIL) 128 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court, dated 29.06.2021 made herein and upon hearing the arguments of Sri P. Veera Reddy, Senior Counsel for Sri Karri Murali Krishna, Advocate for the Petitioner, Sri Syed Khader Masthan, GP for Revenue appearing for Respondent Nos.1 to 4 and of Sri Sanisetti Venkateswarlu, Advocate appears for respondent Nos. 5 & 6.

WRIT APPEAL No: 546 OF 2022

(Writ Appeal under Clause 15 of the Letters Patent, is filed against the order made in WP.No.6987 of 2022, dated 05.05.2022, on the file of the High Court)

Between:

The Ampolu Gram Panchayat, Rep. by its Panchayat Secretary, Ampolu Village, Gara Mandal, Srikakulam District.

.....Appellant/ Respondent No.4

AND

• 1. Gondu Venkata Ramana Murthy, S/o. Late Appalanaidu @ Sriramulu, Aged 54 years, Occ- Cultivation, R/o. Ampolu Gram Panchayat, Gara Mandal, Srikakulam District.
• 2. Velamala Venkata Ramana Murthy, S/o. Late Gangulu, Aged 52 years, Occ-Cultivation, R/o. Ampolu Gram Panchayat, Gara Mandal, Srikakulam District.

......Respondents/Writ Petitioner

• 3. The State of Andhra Pradesh, rep. by its Principal Secretary to Government. Panchayatraj and Rural Development Department, Secretariat, Velagapudi, Amaravathi, Guntur District,
• 4. Executive Engineer, Panchayat Raj Department, Srikakulam, Srikakulam District.
• 5. Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District.
• 6. District Collector, Srikakulam District at Srikakulam.
• 7. Revenue Divisional Officer, Srikakulam Revenue Division, Srikakulam District.
• 8. Tahsildar, Gara Mandal, Srikakulam District.

Respondents/Respondents

IA NO: 1 OF 2022

Petition under Section 151 CPC is filed praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the judgment dated 05/05/2022 passed by the learned Single Judge in W.P.No.6987 of 2022, pending disposal of WA No.546 of 2022, on the file of the High Court

The appeal coming on for hearing, upon perusing the Petition and the memorandum of grounds filed in support thereof and the order of the High Court, dated 27.06.2022 made herein and upon hearing the arguments of Sri.I.Koti Reddy, Standing Counsel for Appellant, Sri Srinivas Ambati, Advocate for Respondent Nos.1 & 2, learned Government Pleader for Panchayat Raj & Rural Development for Respondent Nos.3 & 4 and of learned Government Pleader for Revenue for Respondent Nos.6 to 8, the Court made the following.

COMMON ORDER:

(Through Physical Mode)

Learned Advocate General submits that in order to file proper counteraffidavit, the State officials are conducting survey of water bodies, which are being used for different activities, and therefore, some time may be granted.

As prayed by the learned Advocate General, post these cases after four weeks.

Meanwhile, it is directed that the water bodies shall not be put to use for construction activities.

SD/-SHAIK MOHAMMAD RAFI ASSISTANT REGISTRAR

//TRUE COPY//

For ASSISTANT REGISTRAR

To,

• 1. The Chief Secretary to Government, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati.
• 2. The Principal Secretary, Municipal Administration and Urban Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
• 3. The Principal Secretary, Panchayat Raj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
• 4. The Principal Secretary, Irrigation and Water Resources Departments, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravati, Guntur District.
• 5. The Director General of Police, DGP Camp Office, Vijayawada.
• 6. The District Collector, Alluri Sitharama Raju District.
• 7. The Superintendent of Police, Alluri Sitharama Raju District.
• 8. The District Collector, Anakapalli District.

9. The Superintendent of Police, Anakapalli District.

10. The District Collector, Ananthapuramu District.

11. The Superintendent of Police, Ananthapuramu District.

12. The District Collector, Annamayya District.

13. The Superintendent of Police, Annamayya District.

14. The District Collector, Bapatla District.

15. The Superintendent of Police, Bapatla District.

The District Collector, Chittoor District.

17. The Superintendent of Police, Chittoor District

18. The District Collector, East Godavari District.

19. The Superintendent of Police, East Godavari District

The District Collector, Eluru District.

21. The Superintendent of Police, Eluru District

The District Collector, Guntur District.

23. The Superintendent of Police, Guntur District

24. The District Collector, YSR Kadapa District.

25. The Superintendent of Police, YSR Kadapa District

The District Collector, Kakinada District.

27. The Superintendent of Police, Kakinada District

28. The District Collector, Krishna District.

29. The Superintendent of Police, Krishna District

30. The District Collector, Dr.B.R.. Ambedkar Konaseema District.

31. The Superintendent of Police, Dr.B.R.Ambedkar Konaseema District

32. The District Collector, Kurnool District.

33. The Superintendent of Police, Kurnool District.

34. The District Collector, Parvathipuram Manyam District.

35. The Superintendent of Police, Parvathipuram Manyam District

36. The District Collector, Nandyal District.

37. The Superintendent of Police, Nandyal District

38. The District Collector, NTR District.

39. The Superintendent of Police, NTR District

The District Collector, Palnadu District.

41. The Superintendent of Police, Palnadu District

The District Collector, Prakasam District.

43. The Superintendent of Police, Prakasam District

The District Collector, Nellore District.

45. The Superintendent of Police, Nellore District

The District Collector, Tirupati District.

47. The Superintendent of Police, Tirupati District

48. The District Collector, Sri Sathva Sai District,

49. The Superintendent of Police, Sri Sathya Sai District

50. The District Collector, Srikakulam District.

51. The Superintendent of Police, Srikakulam District

52. The District Collector, Vishakhapatnam District.

53. The Superintendent of Police, Vishakhapatnam District

54. The District Collector, Vizianagaram District.

55. The Superintendent of Police, Vizianagaram District.

56. The District Collector, West Godavari District.

57. The Superintendent of Police, West Godavari District

58. The District Collector, Ananthapur Town and District, Andhra Pradesh

• 59. The Revenue Divisional Officer, Kalayanadurgam Division, Kalyandurgam, Ananthapur District, Andhra Pradesh
• 60. The Mandal Revenue Officer, Kalyandurgam Mandal, Ananthapur District, Andhra Pradesh
• 61.B. Naga Raju, S/o Thimappa, Gunipalli village, Kalyanadurgamandal, Anantapur District.
• 62. M. Siva Shankar Naik, S/o M. Jeewla Naik, Bomanagallipalli village, Kalyanadurgam Village, Ananthapur District
• 63. The District Collector, East Godavari District
• 64. Talasildar, Pitapuram Mandal, East Godavari District.
• 65. The Executive Officer, Kandarada Grampanchayat, Kandarada, Pitapuram Mandal, East Godavari District
• 66. The District Collector, Srikakulam District @ Srikakulam
• 67. The Tahsildar, Kotturu Mandal, Srikakulam District
• 68. The Station House Officer, Kotturu Police Station, Srikakulam District
• 69. Burla Srinivasa Rao, S/o Ramana Murthy Naidu, R/o D.No.1-56, Krishnapuram Village, Kotturu Mandal, Srikakulam District
• 70. Adapaka Parvathi, W/o Lakshmana Rao, R/o D.No.1-44, Barripeta Village, Hiramandalam Mandal, Srikakulam District
• 71. Gondu Venkata Ramana Murthy, S/o. Late Appalanaidu @ Sriramulu, R/o.Ampolu Gram Panchayat, Gara Mandal, Srikakulam District.
• 72. Velamala Venkata Ramana Murthy, S/o. Late Gangulu, R/o. Ampolu Gram Panchayat, Gara Mandal, Srikakulam District.
• 73. The Principal Secretary to Government, Panchayatraj and Rural Development Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Guntur District.
• 74. The Executive Engineer, Panchayat Raj Department, Srikakulam, Srikakulam District.
• 75. The Mandal Parishad Development Officer, Mandal Praja Parishad, Gara Mandal, Srikakulam District.
• 76. The District Collector, Srikakulam District at Srikakulam.
• 77. The Revenue Divisional Officer, Srikakulam Revenue Division, Srikakulam District.
• 78. The Tahsildar, Gara Mandal, Srikakulam District. (1 to 78 RPAD- along with a copy of appeal and memorandum of grounds)
• 79. One CC to Sri. Srinivas Ambati, Advocate (OPUC)
• 80. One CC to Sri.Y.Balaji, Advocate (OPUC)
• 81. One CC to Sri.V.V. Satish, Advocate (OPUC)
• 82. One CC to Sri. Karri Murali Krishna, Advocate (OPUC)
• 83. Two CCs to GP for Revenue, High Court Of Andhra Pradesh. [OUT]
• 84. Two CCs to GP for Advocate General, High Court Of Andhra Pradesh. [OUT]
• 85. Two CCs to GP for Home, High Court Of Andhra Pradesh. [OUT]
• 86. Two CCs to GP for Panchayat Raj & Rural Development, High Court Of Andhra Pradesh. [OUT]
• 87. One CC to Sri.I.Koti Reddy, Standing Counsel [OPUC]

88. Two spare copies

SRL

HIGH COURT

HCJ & DVSSJ

DATED:16/08/2022

NOTE: POST THESE CASES AFTER FOUR WEEKS

ORDER

W.P.(P.I.L) Nos: 108 & 105 OF 2022, W.P.(PIL) Nos.110 OF 2022 and W.P.(PIL)No. 128 of 2021 & W.A.No.546 of 2022

DIRECTION

DRAFTED BY: SRL DRAFTED ON: 23.08.2022

HIGH COURT

HCJ & DVSSJ

DATED:16/08/2022

NOTE: POST THESE CASES AFTER FOUR WEEKS

ORDER

W.P.(P.I.L) Nos: 108 & 105 OF 2022, W.P.(PIL) Nos.110 OF 2022 and<br>W.P.(PIL)No. 128 of 2021 & W.A.No.546 of 2022