Andhra Pradesh High Court
WP/8960/2025 of Alluri Nithin Venkata Subba Raju Vs The State of Andhra Pradesh, on 22 March 2026
IN THE HIGH COURT OF ANDHRA PRADESH MONDAY, THE TWENTY THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 8960/2025 Between: 1. ALLURI NITHIN VENKATA SUBBA RAJU, S/O ALLURI MURALI KRISHNAM RAJU AGED 22 YRS, OCCUPATION R/O.D.NO-
APHC010171662025
IN TH
MONDAY,T
TWO
THE HONOURA
W
Between:
1. ALLURI NITHIN V
KRISHNAM RAJU
R/O.D.NO- 2-99 ,
GODAVARI DISTRI
1. THE STATE OF
SECRETARY,
W
SECRETARIAT, VE
2. THE
DISTRICT
BHIMAVARAM TOW
3. THE SUPERINTEN
RESOURCES DEP
DISTRICT, AP
4. THE
EXECUTIVE
RESOURCES DEP
VILLAGE. NIDADAV
5. THE
ASSISTANT
RESOURCES DEP
DISTRICT, AP
Petition under Articl
circumstances stated in
E HIGH COURT OF ANDHRA PRAD
AT AMARAVATI
(Special Original Jurisdiction)
THE TWENTY THIRD DAY OF MARC
O THOUSAND AND TWENTY SIX
PRESENT
ABLE SRI JUSTICE RAVI CHEEMAL
RIT PETITION NO: 8960/2025
VENKATA SUBBA RAJU, S/O AL
AGED 22 YRS, OCCUPATION- C
PALAKODERU VILLAGE AND MA
ICT .ANDHRA PRADESH
AND
ANDHRA PRADESH, REP BY IT
WATER
RESOURCES
DEPART
ELAGAPUDI, AMARAVATI, GUNTUR
COLLECTOR,
WEST
GODAVAR
WN AND MANDAL, AP
NDENT ENGINEER, IRRIGATION CIR
PARTMENT, BHIMAVARAM .WES
E
ENGINEER,
IRRIGATION
CIRC
PARTMENT, WESTERN DIVISION
VOLE MANDAL.WEST GODAVARI D
ENGINEER,
IRRIGATION
CIRC
PARTMENT, BHIMAVARAM, WES
...RES
le 226 of the Constitution of India pra
the affidavit filed therewith, the High
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DESH
CH
LAPATI
LURI MURALI
CULTIVATION,
ANDAL WEST
...PETITIONER
TS PRINCIPAL
TMENT,
A.P
DISTRICT
RI
DISTRICT,
RCLE, WATER
ST GODAVARI
CLE,
WATER
N, SETTIPETA
DISTRICT, AP
CLE,
WATER
ST GODAVARI
SPONDENT(S):
aying that in the
h Court may be
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pleased tomay be pleased to issue a writ, order or direction more particularly one in the nature of a writ of Mandamus declaring the action of the 4th Respondents in interfering with the petitioner's peaceful possession and enjoyment of the property by attempting to remove 20 coconut trees and 10
palm trees located on the northern bund of the land, measuring single contiguous plot comprising R.S. No. 68/1C, R.S. No. 68/ID, and R.S. No.
68/IE, situated in Vissakoderu village, Palakoderu Mandal, West Godavari District, Andhra Pradesh as illegal, arbitrary, and contrary to the Principles of Natural Justice and it also violates the fundamental rights guaranteed under Articles 14, 19, and 21 and 300A of the Constitution of India and Consequently direct the Respondents to refrain from removing 20 coconut trees and 10 palm trees located on the northern bund of the land, measuring single contiguous plot comprising R.S. No. 68/1C, R.S. No. 68/ID, and R.S.
No. 68/IE, situated in Vissakoderu village, Palakoderumandal. West Godavari District, Andhra Pradesh and pass IA NO: 1 OF 2025
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 4th Respondent to refrain from removing 20
coconut trees and 10 palm trees located on the northern bund of the land, measuring single contiguous plot comprising R.S. No. 68/1C, R.S. No. 68/ID, and R.S. No. 68/IE, situated in Vissakoderu village, Palakoderumandal. West Godavari District, Andhra Pradesh, pending disposal of the above writ petition and pass IA NO: 2 OF 2025
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 pleased to vacate the interim order Dated: 08.04.2025 passed in Writ Petition No.8960 of 2025 and dismiss the Writ Petition and pass Counsel for the Petitioner:
1.K K DURGA PRASAD
Counsel for the Respondent(S):
1.GP FOR IRRI AND CAD
The Court made the following:
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ORDER
This Writ Petition is filed questioning the action of respondent no.4 in interfering with possession and enjoyment of the petitioner and attempting to remove 20 coconut trees and 10 palm trees located on the northern bund of the land, a contiguous plot, situated in R.S.Nos.68/1C, 1D & 1E of Vissakoderu Village, Palakoduru Mandal, West Godavari District.
2. Heard Sri K.K.Durga Prasad, learned counsel for the petitioner, and the learned Assistant Government Pleader for Irrigation.
3. The petitioner is claiming that the coconut trees exist in his private land. But in the counter affidavit, it is the specific contention of the respondent authorities that the subject trees are situated on the left bank of Gostanadi Channel of G&V Canal, Godavari Western Delta but not in the petitioner’s land.
4. Therefore, there is a dispute regarding location of the trees whether they exist in the petitioner’s land or on the left bank of Gostanadi Channel.
5. Writ Court generally does not resolve hotly disputed questions of fact that require elaborate evidence, oral testimony, and detailed scrutiny, especially when the material on record is insufficient to arrive at a clear finding.
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6. The material placed on record is not sufficient to arrive at a clear finding regarding location of the subject trees. Therefore, the petitioner is relegated to the competent civil Court for redressal of his grievance.
7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. . Pending miscellaneous petitions, if any, shall stand closed.
___________________________ JUSTICE RAVI CHEEMALAPATI RR