1 APHC010191862025 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: 9706 OF 2025 Between: 1. K GANAPATHI RAO, S/O. K. MAMILIU, AGED 65 YEARS, OCC. RETIRED EMPLOYEE, R/O. PAGOLU GRAMPANCHAYAT, SRINAGAR, DIBBALAMEDA, KRISHNA DISTRICT, ANDHRA PRADESH-521126. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYAT RAJ RURAL DEVELOPMENT, A.P. SECRETARIAT, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT PANCHAYAT OFFICER, MACHILIPATNAM, KRISHNA DISRICT, A.P 3. THE PANCHAYAT SECRETARY, REP BY ITS CHELLAPALLI GRAMA PANCHAYAT, CHALLAPALLI MANDAL .KRISHNA DIST., A.P, ANDHRA PRADESH. 4. THE PANCHAYAT SECRETARY, PAGOLU GRAMA PANCHAYAT, CHALLAPALLI MANDAL .KRISHNA DIST. A.P. 5. THE DIVISION IRRIGATION OFFICER, GUDIWADA,KRISHNA DISTRICT A.P ANDHRA PRADESH. 6. THE ASSISTANT EXECUTIVE ENGINEER, MACHILIPATNAM, 2 KRISHNA DISTRICT, A.P . ...RESPONDENT(S): Counsel for the Petitioner: 1. KALLA TULASI DURGAMBA Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR IRRI AND CAD The Court made the following ORAL ORDER: Heard Smt. Kalla Tulasi Durgamba, Ld. Counsel for the Writ Petitioner and Sri Panuku Rajesh Kumar, Ld. Asst. Government Pleader for Pancyhayat Raj & Rural Development and Sri Y. Koteswara Rao, Ld. Standing Counsel for the ZPPs, MPPs and Grama Panchayats. 2. The present Writ Petition is filed seeking the following relief: “In view of the facts and circumstances stated above, it is humbly prayed that this Hon’ble Court may be pleased to issue a Writ, Order or Direction, more particularly one in the nature of the Writ of Mandamus, declaring the inaction of the respondents, particularly 3rd Respondent in not considering the representation dt.01.04.2025 to stop their proposal to digging sewage channel to digging the d the diversion of drainage from drainage of Chalapalli Gram Panchayat, Kamal Nagar Apartment of Chalapalli Gram Panchayat to Srinagar Pogolu Gram Panchayat as illegal arbitrary against the violation of principles of natural justice, article 14 and 21 of constitution of India and against all settled principles of law and consequently to direct the Respondent No.3 not to proceed with any sewerage digging activities towards the petitioner’s Grama Panchayati and to direct the Respondent No.3 to consider the representation made by the Petitioner and to stop their proposal to digging sewage channel to the diversion of drainage from drainage of Chalapalli Gram Panchayat, Kamalanagar Apartment of Chlapalli Gram Panchayat to Srinagar Pogolu Gram Panchayat and to pass such other order or orders as this Hon’ble Court deems fit and proper in the circumstances of case”. 3 3. Sri Y. Koteswara Rao, Ld. Standing Counsel has submitted the Written Instructions dated 10.04.2025, furnished by the Panchayat Secretary, Challapalli Grama Panchayat. He has also submitted the Written Instructions dated 10.04.2025 furnished by the Panchayat Secretary of Pagolu Grama Panchayat. Both the Written Instructions are furnished to the Ld. Counsel for the Writ Petitioner. The same are taken on record. 4. Both the Written Instructions are categorical in stating that no proposal has been made out for digging out drainage so far. 5. Having regard to the above facts and circumstances, this Court deems it appropriate to dispose of this Writ Petition at the admission stage, without going into merit, with a direction to the Official Respondents that, if any proposal is undertaken for digging out drainage by the Official Respondents anytime in the future, they shall follow the due process of law. 6. With these observations and directions, this Writ Petition stands disposed of. 7. Interlocutory Applications, if any, stand closed in terms of this order. ______________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 10.04.2025 MNR 4 36 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No. 9706 OF 2025 10.04.2025 Dt: 10.04.2025 MNR