Andhra Pradesh High Court - Amravati
Dhuiipalla Koti Swamy, vs The State Of Andhra Pradesh, on 29 August, 2025
1
HIGH COURT OF ANDHRA PRADESH:: AMARAVATI
MAIN CASE No. W.P. No.20277 of 2024
PROCEEDING SHEET
Sl. DATE ORDER OFFICE
No. NOTE
5 29-08-2025 TRR, J
I.A.No.1 of 2025
Heard Gudapati Venkateswara Rao, learned
senior counsel appearing for Sri Varun Byreddy,
learned counsel for the writ petitioners;
Sri V.Maheshwar Reddy, learned counsel for the
proposed respondents; and the learned Assistant
Government Pleader for Revenue.
This I.A.No.1 of 2025 is filed to direct the respondents not to interfere with the property of the petitioners herein having a total extent of 12.74 cts at Sy.Nos.81/1, 299, 301-2, 301/2, 300-1A, 300- 1B1 at B.Thandrapadu Village, Kurnool Rural Mandal, Kurnool District, till pendency of the Writ Petition.
The proposed respondents in I.A.No.2 of 2025, filed Original Application No.193 of 2021 (SZ) before the National Green Tribunal Southern Zone, Chennai, to protect the existing Gangamma Cheruvu Full Tank Level (FTL) in Survey No.81/1 and 299 of B.Thandrapadu Village, Kurnool Mandal, without being subjected to any other purposes including conversion of land for construction of houses and to further direct the 2 official respondents to deepen the said Gangamma Cheruvu for allowing free flow of water.
The National Green Tribunal, Southern Zone, vide order dated 04.07.2025, has passed the following order:
"The private respondents, who have raised the level in their respective lands as a result of which there is a reduction in the water storage capacity, are directed to restore the original level by removing the murram/spoil used for raising the level of the patta lands. However, the private respondents are at liberty to utilize the said lands for agricultural purposes when the lands are not inundated."
The Tribunal has directed to restore the original level by removing the murram/spoil used for raising the level of the patta lands.
It is the contention of the writ petitioners that basing upon the said direction by the Tribunal, the official respondents are trying to interfere with the possession of the property, which is not the part of the tank bed and it is a private patta land. Therefore, the petitioners sought protection from this Court.
Learned counsel for the proposed respondents would submit that the subject land is falling within the submersible area and FTL area of 3 Gangamma Cheruvu.
Admittedly, the subject property is a private patta land of the writ petitioners. A detailed hearing is required. Therefore, the official respondents cannot interfere with the possession of the writ petitioners herein.
Hence, both the petitioners and the official respondents are directed to maintain status quo as on today till the next date of hearing.
List the case after two (2) weeks.
______ TRR, J siva