APHC010592952025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] TUESDAY, THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 30849/2025 Between: 1. PALLALA KONDAREDDY, S/O NAGIREDDY AGED ABOUT 58 YEARS, OCC MPTC MEMBER, D.NO.5-38, UTTARAPU BAZAR, NEAR SARSWATHI SCHOOL, NADIMURU, VINJAMURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPLE SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, THULLUR MANDAL, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3 3. THE ASSISTANT EXEUCTIVE ENGINEER, ROADS AND BUILDINS DEPARTMENT. BUNGLOW CENTRE, VINJAMURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. 4. THE THASILDAR, O/O VINJAMURU MANDAL, VINJAMURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT. 5. VINJAMURU VILLAGE GRAMA PANCHAYATH, REPRESENTED BY ITS PANCHAYTH SECRETARY VINJAMURU VILLAGE AND MANDAL, SPSR NELLORE DISTRICT ...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 to issue an order or orders, direction or directions. Writ or Writs, more particularly one in the nature of Writ of Mandamus declaring the action of respondents No.2 to 4 in not considering the representation of petitioner dated 03.06.2025 and more particularly the 5 the respondent Executing the work of erecting the drainage pipes without permission/Resolution by closing down the Natural water body of Gundala Vagu in Sy No 775-2 leading to occupation of Ac 0.45 cents by real estate persons causing hurdle to free flowing of water in rainy season is illegal, arbitrary, violation of section 23 of ANDHRA PRADESH WATER, LAND AND TREES ACT 2002 besides contrary to Articles 14, 19 and 21 of the Constitution of India, and consequently direct the respondents No.5 to stall further erection of pipe line in Sy No 775-2 situate at Nadimuru, vinjamuru village and Mandal, SPSR Nellore District by consider the representation of the petitioner dated 03.06.2025 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 to direct the respondents No 5 to stall further erection of pipe line in Sy No 775-2 situate at Nadimuru, vinjamuru village and Mandal, SPSR Nellore District by consider the representation of the petitioner dated 03.06.2025 Pending disposal of Main 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 to implead the deponent as Respondent No.6 in W.P. No. 30849 of 2025 and in all pending interlocutory applications therein, treat this affidavit as her counter-affidavit on merits, and consequently dismiss the above Writ Petition with exemplary costs to the petitioner and pass Counsel for the Petitioner: 1. TATA SINGAIAH GOUD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: ORDER Heard Sri Tata Singaiah Goud, learned counsel for the petitioner, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development for the 1st respondent; Sri Bhagat Singh, learned Assistant Government Pleader for Revenue for the respondents 2 & 4; Sri Rasheed, learned Assistant Government Pleader for Roads & Buildings for the 3rd respondent and Sri Hrithik, learned counsel representing Sri M.Sudhir, learned standing counsel for the 5th respondent. 2. The petitioner, MPTC member of Vinjamur Mandal, filed the above writ petition to declare the action of respondents 2 to 5 in not considering the representation dated 03.06.2025 (Ex.P1), regarding erection of drainage pipes, without permission/resolution by closing down the natural water body of Gundala Vagu in S.No.775-2, as illegal and arbitrary. 3. Learned counsel for the petitioner would submit that the petitioner and his family members have 6 ankanams of site S.No.775 at Vinjamur village, and adjacent to the land, Gundala Vagu is located. Some persons having political influence are attempting to occupy the Vagu land in the guise of plotting their land adjacent to S.No.775-2, and they met the 5th respondent to construct a pipeline in the place of a natural water body. Hence, the petitioner made a representation dated 03.06.2025 (Ex.P1) to the respondents 2 to 5, however, the same was not considered. Page 4 of 5 4. Sri Hrithik, learned counsel appearing on behalf of the 5th respondent, submitted the written instructions of the 5th respondent. A perusal of the instructions would indicate that the Mandal Parishad, Vinjamur, in its resolution dated 28.10.2023, resolved to construct an underground drain-cum-road with an RCC pipeline from Devatha Mahal Centre to Saraswathi School in Nadimuru of Vinjamur village in the said Gundalamma Vagu. The underground drain-cum-road has been completed in all respects by the end of December 2023, and the work was executed by the Gram Panchayat. The rainy water, including the drainage water, is flowing freely. The contention of the petitioner that the work was proceeded with, without resolution, has been specifically denied. The underground drain-cum-road was formed in Gundalamma Vagu in S.No.775-1 of Vinjamur village, but not in S.No.775-2. The written instructions would further indicate that the Gram Panchayat has not received any representation dated 03.06.2025. If the petitioner makes any representation, the Gram Panchayat will pass appropriate orders. 5. Thus, as seen from the pleadings in the writ affidavit coupled with the written instructions of the Panchayat Secretary of the 5th respondent, the grievance of the petitioner that the underground drain-cum-road was constructed without resolution is misconceived. In fact, the instructions would clearly indicate that the Executive Engineer, WRD, Nellore North Division, Kavali, in his proceedings No.DB/ATO/Permission.644M, dated 29.12.2023, has accorded permission for the construction of 220 meters underground drain-cum-road with 1000 MM dia RCC hume pipes from Devatha Mahal Centre to Saraswathi School near north bazaar in Vinjamur village, as per the request of Mandal Parishad Development Officer, Vinjamur, for widening of road for free movement of public. Page 5 of 5 6. A resolution was passed by the Mandal Parishad, Vinjamur, on 28.10.2023 and thereafter, construction was completed by the end of December 2023. The petitioner made a representation on 03.06.2025 (Ex.P1) after completion of the work to the 2nd respondent. The photographs filed at Page Nos.22 and 23, do not contain any date or time. The writ petition was filed in November, 2025, and by that time, the entire work was executed. 7. Apart from the above discussion, the main grievance of the petitioner is that the representation dated 03.06.2025 was not considered by the 5th respondent. However, the 5th respondent specifically denied receipt of any representation from the petitioner. 8. Given the discussion supra, since the work was completed in pursuance of the resolution dated 28.10.2023 passed by the Mandal Parishad, Vinjamur, this Court does not find any illegality and irregularity committed by the respondents. 9. Accordingly, the Writ Petition is Dismissed. No costs. However, this order will not preclude the petitioner from making a fresh representation to the Gram Panchayat as per the instructions indicated supra. Since the writ petition is dismissed, I.A.No.2 of 2026 is closed. As a sequel, pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE SUBBA REDDY SATTI PVD