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2025 DAILYLAW 13545 (AP)

Kantheti Prakruthi v. The District Collector

WP/39305/2013 · 2025-07-17

Ravi Nath Tilhari

Civil Appealbody2025

Judgment text

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I APHC010163482013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION NO: 39305 OF 2013 Between: 1. Kantheti Prakruthi, W/o R. Sathyanarayana Raju aged about 65 years, R/o Plot No. 101, Hill Ridge Villas, ISB Road, Gachi Bowli Road, Hyderabd-32. 2. K. Srinivas Raju, S/o Sri K. Viswanadha Raju Aged about 49 years, R/o Plot No. 202, 6-22-1(6), Surya Lakshmi Apartments, Eat Point Colony, Visakhapatnam-17. 3. Smt. Kalidindi Leela Madhuri, W/o K.V. Ramabhadri Raju, D/o Sri Chinna Amiram, R/o Bheemavaram, West Godavari Dist. ...Petitioners AND 1. The District Collector, Vizayanagaram, Vizayanagaram Dist. 2. The Special Deputy Collector (L.A.), T.B. Unit III, Church Street, Parvathipuram, Vizayanagaram District. 3. The Chief Engineer, irrigation & C.A.D. North Post, Cpp; AU Reg. Cffice, Visakhapatnam 4. The Superintending Engineer, Irrigation & C.A.D. Dept. T.T.P.R. Circle, Kotha Agraharam, Vizianagaram 5. The Executive Engineer, Thotapalli Barrage Project Division, Bobbili Road, Near Paidethalli Temple Area, Rajam, Vizayanagaram Dist. If' 6. UAN MAX Infra Ltd, Rep by the Managing Director Gajapathi Nagaram Branch Canal, Site Office Near MPP School, G. Agraharam, Cheepurupalli, Vizayanagaram Dist. ...Respondents Petition under Article 226 of the Constitution of India is filed praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent in issuing proceedings Rc No. 3314/2012/ SA(LA) Dt. 2.12.2013 in rejecting the request of the petitioners for change of alignment of proposed excavation of Gajapathinagaram Branch Canal under Thotapalli Barriage Project Scheme as suggested by the petitioners in respect of the lands of the petitioners admeasuring Ac. 0.10 cents in Sy.No. 38-9B, Ac. 0.12 cents in Sy.No. 38-10B, Ac. 0.10 cents in Sy.No. 38-1 IB, Ac. 0.10 cents in Sy.No. 40-4, Ac. 0.11 cents in Sy.No. 40-5B, Ac. 0.21 cents in Sy.No. 40-8B, Ac. 0.21 cents in Sy.No. 40- 9, Ac. 0.11 cents in Sy.No. 40-11, and Ac. 0.12 cents in Sy.No. 40-12 (of the 1st petitioner; an extent of Ac. 0.08 cents in Sy.No. 38-2B, Ac. 0.10 cents in Sy.No. 38-2B, Ac. 0.11 cents in Sy.No. 38-6, Ac. 0.08 cents in Sy.No. 38-8B, Ac. 0.05 cents in Sy.No. 38-12B, Ac. 0.12 cents in Sy.No. 38-13B, Ac. 0.17 cents in Sy.No. 38-14 Ac. 0.06 cents in Sy.No. 38-18A, Ac. 0.12 cents in Sy.No. 38-19 and Ac. 0.08 cents in Sy.No. 40-10 (of the 2nd petitioner): an extent of Ac. 0.10 cents in Sy.No. 38-8B, Ac. 0.22 cents in Sy.No. 38-20A, Ac. 0.24 cents in Sy.No. 38-21, Ac. 0.07 cents in Sy.No. 38-37A (of the 3rd petitioner), situated at Pedabantupalli village, Gurla Mandal, Vizayanagaram District as illegal, arbitrary, violative of principles of natural justice and also violative of Articles 14, 300-A and 21 of the Constitution of India consequently set-aside the proceedings dt: 2.12.2013 of the 1st respondent and also to direct the respondents to change alignment of proposed excavation of Gajapthi Nagaram Branch Canal (from Km 15.525 to Km 18.625) under : Thotapalli Barrage Project Scheme as suggested by the petitioners as per the map of the technical experts submitted by the petitioners. lA NO: 1 OF 2013(WPMP 48819 OF 2013 Petition under Section 151 CPC is filed 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 proceed further with the works of alignment for the proposed excavation of Gajapthi Nagaram Branch Canal (from Km 15.525 to Km 18.625) under Thotapalli Barrage Project Scheme from the lands of the petitioners i.e. to an extent of Ac. 0.10 cents in Sy.No. 38-9B, Ac. 0.12 cents in Sy.No. 38-10B, Ac. 0.10 cents in Sy.No. 38-11B, Ac. 0.10 cents in Sy.No. 40-4, Ac. 0.11 cents in Sy.No. 40-5B, Ac. 0.21 cents in Sy.No. 40-8B, Ac. 0.21 cents in Sy.No. 40-9, Ac. 0.11 cents in Sy.No. 40-11, and Ac. 0.12 cents in Sy.No. 40-12 (of the 1st petitioner); an extent of Ac. 0.08 cents in Sy.No. 38-2B, Ac. 0.10 cents in Sy.No. 38-2B, Ac. 0.11 cents in Sy.No. 38-6, Ac. 0.08 cents in Sy.No. 38-8B, Ac. 0.05 cents in Sy.No. 38-12B, Ac. 0.12 cents in Sy.No. 38-13B, Ac. 0.17 cents in Sy.No. 38-14 Ac. 0.06 cents in Sy.No. 38-18A, Ac. 0.12 cents in Sy.No. 38-19 and Ac. 0.08 cents in Sy.No. 40-10 (of the 2nd petitioner); an extent of Ac. 0.10 cents in Sy.No. 38- 8B, Ac. 0.22 cents in Sy.No. 38-20A, Ac. 0.24 cents in Sy.No. 38-21, Ac. 0.07 cents in Sy.No. 38-37A (of the 3rd petitioner), situated at Pedabantupalli village, Gurla Mandal, Vizayanagaam District, pending disposal of the writ petition. lA NO: 2 OF 2013(WPMP 48820 OF 2013 Petition under Section 151 CPC is filed 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 to appoint independent Technical Experts to ascertain the feasibility of the alignments as suggested by the petitioners by taking straight alignment for the proposed excavation of Gajapthi Nagaram Branch Canal (from Km 15.525 to Km 18.625) under Thotapalli Barrage Project Scheme, pending disposal of the writ petition. Counsel for the Petitioners; SRI PRUDVI RAJU MUDUNURI Counsel for the Respondent Nos. 1 & 2: GP FOR LAND ACQUISITION Counsel for the Respondent Nos. 3 to 5: GP FOR IRRIGATION & COMM AREA DEV Counsel for the Respondent No.6: —- The Court made the following order: w THE HONOURABLE SRI JUSTICE RAVI NATH TILHARI WRIT PETITION NO: 39305/201:^ ORDER: Learned counsel for the petitioner, has submitted a letter dated 16.07.2025, to the Registrar (Judicial), requesting that the writ petition be listed under the caption ‘for withdrawal’ as the petitioners are not interested to pursue the matter. 2. Sri Prudvi Raju Mudunuri, learned counsel for the petitioners, is present and submits that the Writ Petition may be dismissed as withdrawn. 3. Sri Venkata Satyanarayana.B, Government Pleader for Revenue, appearing for the respondents 1 to 5, has no objection. 4. Recording the same, the Writ Petition is dismissed as learned Assistant withdrawn. No order as to costs. a jsequel thereti^, interlocutory applications, if any pending, shall also stand closed. Sd/-B. CHITTIJOSEPH ASSISTANT REGISTRAR //TRUE COPY// W- SECTION OFFICER To, 1. One CC to Sri Prudvi Raju Mudunuri Advocate [OPUC] 2. Two CCs to GP for Land Acquisition, High Court of Andhra Pradesh [OUT] 3. Two CCs to GP for Irrigation & Comm Area Dev, High Court of Andhra Pradesh [OUT] 4. Two CD Copies TF ^ * rCV> HIGH COURT DATED:18/07/2025 ORDER WP NO. 39305 OF 2013 <»— “ I SEP 2025 jNftgtntStctioiu^ 1 o Co DISMISSING THE W.P. AS WITHDRAWN WITHOUT COSTS