IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI ^ (Special Original Jurisdiction) ^ WEDNESDAY, THE TWENTY NINETH DAY OF JANUA^/i TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7941 OF 2020 .''vV it p C># Between; 1. Chappa Madhu Sudhanam, S/o Late Satyam, aged about 55 years, Occ. Self Employee, R/o. 47-9-16/7, Flat No 4A, Lakshmi Sri Nivasam, 3rd Lane, Dwaraka Nagar, Visakhapatnam District 530 016. 2. Pappala Nageswara Rao, S/o Late Bapu Naidu, aged about 58 years, Occ. Employee, R/o.2 4-83-28/3, Kanithi Road, Near 60 Feet Road, Sanath Nagar, Gajuwaka, Visakhapatnam District - 530 026. ...PETITIONERS AND 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Tulluru Mandal, Guntur District. 2. The Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District 4. The Tahsildar, S. Rayavaram Mandal, Visakhapatnam District. 5. Allarapu Achyuta Rao, S/o. Sanyasi Rao(Late), Aged about 63 years, E. Service Man ad Agriculture, R/o. D.No.508, Sowbhagya Apartments, Yelamachilli, Anakapalli District. (R5 impleaded in Writ Petition & Affidavit as per Court’s order dt.29/01/2025 in lA No.1 of 2024) ...RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue a Writ, Order or direction more particularly one in the may r > nature of Writ of Mandamus, declaring the action of the respondents in altering/converting the natural water stream called as Konda Vaagu, Sy.No. 376 extent Ac.6.70 cents passing through the Sy.No.375 and 377 of the petitioners adjoining lands situated at J.V. Palem, S. Rayavaram Mandal, Visakhapatnam District, into house sites and laying roads across the natural stream as illegal, arbitrary, unconstitutional contravention to Board Standing Orders 15 (4) and violative of Article 48(A) of the constitution of India and consequently direct the respondents not to alter/change the nature of the natural water stream (Konda Vagu) at Sy.No.376 J.V. Palam, S. Rayavaram Mandal, Visakhapatnam District. lA NO: 1 OF 2020 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 effect any changes in respect of Kondavagu land situated at Sy. No. 376 J.V. Palem, S. Rayavaram Mandal] Visakhapatnam District. ^ lA NO: 4 OF 2020 Between: 1. The State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravathi, Tulluru Mandal, Guntur District. 2. The Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District ? 4. The Tahsildar, S. Rayavaram Mandal, Visakhapatnam District. 5. Allarapu Achyuta Rao, S/o. Sanyasi Rao(Late), Aged about 63 years, E. Service Man ad Agriculture, R/o. D.No.508, Sowbhagya Apartments, Yelamachilli, Anakapalli District. (P5 impleaded in Writ Petition & Affidavit as per Court’s order dt.29/01/2025 in IA No.1 of 2024) ...PETITIONERS/RESPONDENTS AND 1. Chappa Madhu Sudhanam, S/o Late Satyam, aged about 55 years, Occ. Self Employee, R/o. 47-9-16/7, Flat No 4A, Lakshmi Sri Nivasam, 3rd Lane, Dwaraka Nagar, Visakhapatnam District 530 016. 2. Pappala Nageswara Rao, S/o Late Bapu Naidu, aged about 58 years, Occ. Employee, R/o.2 4-83-28/3, Kanithi Road, Near 60 Feet Road, Sanath Nagar, Gajuwaka, Visakhapatnam District - 530 026. ...RESPONDENTS/PETITIONERS Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the Fligh Court may be pleased to vacate the interim orders dated. 23.03.2020 passed in WP.No. 7941 of 2020 and dismiss the writ petition. Counsel for the Petitioners: SRI G. TURIN KUMAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: SRI K. SATYANARAYANA MURTHY The Court made the following: ORDER 1 APHC010130452020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE TWENTY NINETH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 7941/2020 Between: ...PETITIONER(S) Chappa Masdhu Sudhanam, and Others AND ...RESPONDENT(S) The State Of Ap and Others Counsel for the Petitioner(S): 1.GTUHIN KUMAR Counsel for the Respondent(S): 1.GP FOR REVENUE (AP) The Court made the following; ORDER: Heard Sri Tuhin Kumar, learned counsel for the petitioners and learned Assistant Government Pleader for Revenue, appearing for the respondents. '\ 1 Being aggrieved by the action of the respondents, in natural water stream called ‘Konda Vaagu, extent of Ac.6-70 cents passing through the Sy. No.375 and lands at J.V. Palem, S. Rayavaram Mandal, 2. altering/converting the Sy. No.376 in an 377 of the petitioners Visakhapatnam District, respectively, in order to allot subject lands to the 2 n beneficiaries of the scheme launched by the Pedalandiriki lllu”, the instant Writ Petition has been filed. government viz, “Navaratnalu 3. When the matter is taken up for hearing, the learned Assistant Government Pleader for Revenue has instructions received from the Tahsildar, dated 22.01.2025 that there are no houses constructed (Konda Vaagu) in Sy. No.376 of J.V. Palem placed on record a copy of the wherein it is stated or roads across the natural stream Village as alleged by the petitioners. The respondents have withdrawn the proposals for the issuance of house site pattas for the subject lands and have acquired alternate lands in an extent of Ac.1-50 in Sy. No.320 of J.V. Palem Village, for favour of the beneficiaries under the scheme issuance of pattas in 4. The written instructions of the 4*'^ respondent - Tahsildar, are placed on record. 5. Recording the said submission, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, interlocutory applications, pending if any, shall stand closed. SDI- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To 1. The Principal Secretary, Revenue Department, State of Andhra Pradesh, Secretariat, Velagapudi, Amaravathi, Tulluru Mandal, Guntur District. 2. The Collector, Visakhapatnam District. 3. The Revenue Divisional Officer, Narsipatnam, Visakhapatnam District 4. The Tahsildar, S. Rayavaram Mandal, Visakhapatnam District. Sri G. Tuhin Kumar, Advocate [OPUC] - Murthy, Advocate[OPUC] High Court of Andhra Pradesh. [OUT] 5. OneCCto 6. One CC to Sri K. Satyanarayana 7. Two CCs to GP for Revenue, 8. Three CD Copies. r- -u HIGH COURT DATED:29/01/2025 ORDER X 0 <1 MAR 2025 oY WP.No.7941 of 2020 ^ . Current Section . t£i?SPATCVi^ DISPOSING OF THE W.P. WITHOUT COSTS