Andhra Pradesh High Court - Amravati
Irriniki Venkateswara Rao vs Kolli Venkata Surya Subbarayudu on 13 August, 2024
APHC010335312024 IN THE HIGH COURT OF ANDHRA Bench
Sr.No:-43
PRADESH [3483]
AT AMARAVATI
WRIT APPEAL NO: 675 of 2024
Irriniki Venkateswara Rao ...Appellant(s)
and Others
Vs.
Kolli Venkata Surya Subbarayudu and Others ...Respondent(s)
**********
GADIPATI VENKATESWARULU for LEO LAW ASSOCIATES LLP,
Advocate(s) for Petitioner(s)
RAMBABU KOPPINEEDI, METTA CHANDRASEKHARA RAO, GP FOR
PANCHAYAT RAJ RURAL DEV, GP FOR HOME, GP FOR REVENUE, GP
FOR IRRIGATION COMM AREA DEV, Advocate(s) for Respondent(s)
CORAM : THE CHIEF JUSTICE DHIRAJ SINGH THAKUR
SRI JUSTICE RAVI CHEEMALAPATI
DATE : 13th August 2024
PC:
This appeal filed under clause 15 of the Letters Patent has been
preferred against the judgment and order, dated 04.03.2024, passed in
W.P.No.10843 of 2023.
2. We have heard learned counsel for the appellants.
3. By virtue of the judgment and order impugned, dated 04.03.2024,
the directions were issued to the official respondents to take steps for removal of
encroachments in accordance with law in regard to Sy.No.176 situate in
Doddanapudi Village, Kalla Mandal, West Godavari District.
4. According to the assertion of the petitioners in W.P.No.10843 of
2023, the official respondents had installed the electric transformer and also
poles on an irrigation canal. It was in those circumstances, that the learned
single Judge issued directions to respondent Nos.4 to 6 and also respondent
Nos.10 to 13 to conduct a joint survey for purposes of demarcating the land in
question and further to take steps for removal of the encroachments.
5. Learned counsel for the appellants states that since the
transformer was installed admittedly over a piece of land which was a part of
the irrigation canal, yet the irrigation canal was not in use and the same has
become defunct and that since there is no alternate land where the
transformer could be erected, the villagers for whose benefit the transformer
was installed would be deprived of proper electricity in the area.
6. It appears that the action of filling up of the irrigation canal and
installation of the electric transformer and poles was taken as an illegal act
and in that regard, communication, dated 26.12.2022, has been addressed
already to the Tahsildar, Kalla Mandal, West Godavari District, by the
Assistant Executive Engineer, Irrigation Section. Therefore, it appears that the
installation of the transformer was done unauthorisedly and therefore the
directions issued by the learned single Judge for its removal, in our opinion,
was not unjustified.
7. Be that as it may, we cannot persuade ourselves to take a view
other than the one expressed in the judgment and order impugned. However,
we are of the opinion that since the transformer was installed for the benefit of
local people residing in the said area, the need may still be subsisting. It is
therefore ordered that respondent Nos.13 to 15 shall find an alternate space
for installation of the transformers so that the cause of the people residing in
the said area would be served beneficial.
8. This appeal is accordingly disposed of. No costs.
Consequently, connected miscellaneous petitions, if any, shall stand
closed.
DHIRAJ SINGH THAKUR, CJ
RAVI CHEEMALAPATI, J
kbs
HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, CHIEF JUSTICE
&
HON'BLE MR. JUSTICE RAVI CHEEMALAPATI
Dt: 13.08.2024
kbs
