APHC010148082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] THURSDAY ,THE TENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 7825/2025 Between: 1. KOTI KOTESWARA RAO,, S/O. PULLAIAH, AGED 69 YEARS, OCC AGRICULTURE, R/O. H.NO. 1-162, MAIN ROAD, PADAMATIPALEM VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT. 2. KOTI YUGANDHAR,, S/O. KOTESWARA RAO, AGED 41 YEARS, OCC AGRICULTURE, R/O. H.NO. 1-162, MAIN ROAD, PADAMATIPALEM VILLAGE, KALIDINDI MANDAL, ELURU DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY DEPARTMENT OF WATER RESOURCE (IRRIGATION AND COMMAND AREA DEVELOPMENT) SECRETARIAT BUILDINGS, AMARAVATI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT, ELURU. 3. THE DISTRICT PANCHAYAT OFFICER, ELURU DISTRICT, ELURU. 4. EXECUTIVE ENGINEER, IRRIGATION/DRAINAGE DIVISION, VIJAYAWADA, NTR DISTRICT. 5. DEPUTY EXECUTIVE ENGINEER, IRRIGATION/DRAINAGE SUB- DIVISION, KAIKALURU, ELURU DISTRICT. 6. ASSISTANT EXECUTIVE ENGINEER, IRRIGATION/DRAINAGE SECTION, KORUKOIIU, KALIDINDI MANDAL, ELURU DISTRICT. 7. THE TAHSILDAR, KALIDINDI MANDAL, ELURU DISTRICT. 8. THE MANDAL PARISHAD DEVELOPMENT OFFICER, (MPDO), KALIDINDI MANDAL, ELURU DISTRICT. 9. THE EXTENSION OFFICER PR AND RD, KALIDINDI MANDAL, ELURU DISTRICT. 10. THE GRAM PANCHAYAT PADAMATIPALEM, KALIDINDIMANDAL, ELURU DISTRICT. REPRESENTED BY ITS PANCHAYAT SECRETARY. ...RESPONDENT(S): 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 tomay be pleased to issue a Writ, One in the nature of a Writ of MANDAMUS or any other appropriate Wirt, declaring the action of respondent authorities in taking steps to lay CC Roads in the drainage canal and canal bund by partly closing the existing drainage canal in L.P.No. 961 (Sy.No.653) to an extent of Ac.l 06 Cents, L.P.No. 964 (Sy.No.663) to an extent of Ac.0-34 Cents, L.P.No. 965 (Sy.No.662) to an extent of Ac.0-25 Cents, 975 (Sy.No.646) to an extent of Ac. 0-21 cents situated at Kalidindi Village, Kalidindi Mandal, Eluru District even though there are several alternative roads available to them and thereby causing obstruction of drawing drainage water including inlet and outlet system to the Petitioners permitted aquaculture farm as illegal and arbitraryand violative of Art 14, 21 and 300-A of Constitution of India and consequently direct the respondents to restore and maintain the drainage canal in the interest of justice and pass such 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 Respondents to stop formation of CC Roads in the drainage canal and canal bund by restoring drainage canal in L.P.No. 961 (Sy.No.653) to an extent of Ac. 1-06 Cents, L.P.No. 964 (Sy.No.663) to an extent of Ac.0-34 Cents, L.P.No. 965 (Sy.No.662) to an extent of Ac.0-25 Cents, 975 (Sy.No.646) to extent of Ac. 0-21 cents situated at Kalidindi Village, Kalidindi Mandal, Eluru District and pass such Counsel for the Petitioner(S): 1. RAMBABU KOPPINEEDI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: ORAL ORDER: Heard Mr. Rambabu Koppineedi, learned Counsel for the Writ Petitioners, Mr. A. Narsinga Rao, learned Assistant Government Pleader for Irrigation, Mr. Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development Department and Mr. V. Sai Kiran, learned Counsel representing on behalf of Mr. Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat. 2. In compliance of the directions of this Court, the Tahsildar of Kalidindi Mandal, Eluru District (Respondent No.7) has submitted Written Instructions along with copies of Revenue Record. Copy of this is supplied to the learned Counsel for the Writ Petitioners and the same is taken on record. 3. The relevant portion of the Written Instructions is extracted hereunder: “In this connection, it is submitted that the lands covered by R.S.Nos.653/2 (Ac.1.09 cts.), R.S.No.663/2 (Ac.0.62 cts.), R.S.No.662/2 (Ac.0.40 cts.), R.S.No.646/1A (Ac.0.18 cts.) and R.S.No.646/2 (Ac.0.22 cts.) are classified as Murugu Kalva porambokes. The petitioners have contended that the respondent authorities are taking steps to lay CC roads in the said canal bund closing the existing drainage causing obstructions to inlet and outlet system of drainage. It is ascertained from the Gram Panchayat, Padamatipalem that there is no such proposal of laying C.C. road on the bund of Murugu Kalva poramboke.” 4. The above Written Instructions would indicate that the subject lands are classified as Murugu Kalva Poramboke and that the contention of the Writ Petitioner that the official Respondents are laying a C.C. Road on the canal bund is factually incorrect. It is also stated that the Tahsildar has ascertained from the Gram Panchayat of Padamatipalem and that it is informed that there is no such proposal of laying C.C. Road on the canal bund of Murugu Kalva Poramboke. 5. Having taken note of the clarification given by the Tahsildar of Kalidindi Mandal, Eluru District (Respondent No.7), this Court deems it appropriate to dispose of this Writ Petition. 6. Accordingly, this Writ Petition stands disposed of. There shall be no order as to costs. 7. Interlocutory Applications, if any, stand closed in terms of this order. __________________________ G.RAMAKRISHNA PRASAD, J Date: 10.04.2025 kbs 69 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD W.P.No.7825 of 2025 Date: 10.04.2025 kbs