APHC010194332020 IN THE HIGH COURT OF ANDHRA PRADESH WEDNESDAY, TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12547/2020 Between: 1. N TATA RAO, S/O CHALAMAIAH, AGED ABOUT 50 YEARS, OCC AGIRCULTURE, R/O GOUTHAMNAGAR, VIJAYAWADA, KRISHNA DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, MACHILIPATNAM. 3. THE DIVISIONAL ENGINEER, IRRIGATION AND CAD DEPT., PULIGADDA, MACHILIPATNAM, KRISHNA DISTRICT. 4. THE ASSISTANT ENGINEER, IRRIGATION AND CAD DEPARTMENT, PULIGADDA, KRISHNA DISTRICT. 5. THE TAHSILDAR, KODURU MANDAL, KRISHNA DISTRICT. 6. YERRAMSETTY PURNACHANDRA RAO, S/O BASAVAIAH, AGE MAJOR, OCC AGRICULTURE, R/O LINGAREDDYPALEM VILLAGE, KODURU MANDAL, KRISHNA DISTRICT. 7. YERRAMSETTY VENKATA AGE MAJOR, OCC AGRICULTURE, R/O LINGAREDDYPALEM VILLAGE, KODURU MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY, THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12547/2020 N TATA RAO, S/O CHALAMAIAH, AGED ABOUT 50 YEARS, OCC AGIRCULTURE, R/O GOUTHAMNAGAR, VIJAYAWADA, KRISHNA ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. THE DISTRICT COLLECTOR, KRISHNA DISTRICT, THE DIVISIONAL ENGINEER, IRRIGATION AND CAD DEPT., PULIGADDA, MACHILIPATNAM, KRISHNA DISTRICT. THE ASSISTANT ENGINEER, IRRIGATION AND CAD RTMENT, PULIGADDA, KRISHNA DISTRICT. THE TAHSILDAR, KODURU MANDAL, KRISHNA DISTRICT. YERRAMSETTY PURNACHANDRA RAO, S/O BASAVAIAH, AGE MAJOR, OCC AGRICULTURE, R/O LINGAREDDYPALEM VILLAGE, KODURU MANDAL, KRISHNA DISTRICT. YERRAMSETTY VENKATA SAMBASIVA RAO, , S/O BASAVAIAH, AGE MAJOR, OCC AGRICULTURE, R/O LINGAREDDYPALEM VILLAGE, KODURU MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH [3333] TENTH DAY OF SEPTEMBER THE HONOURABLE SMT JUSTICE V.SUJATHA N TATA RAO, S/O CHALAMAIAH, AGED ABOUT 50 YEARS, OCC AGIRCULTURE, R/O GOUTHAMNAGAR, VIJAYAWADA, KRISHNA ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY IT'S PRINCIPAL SECRETARY, IRRIGATION AND CAD DEPARTMENT, THE DISTRICT COLLECTOR, KRISHNA DISTRICT, THE DIVISIONAL ENGINEER, IRRIGATION AND CAD DEPT., THE ASSISTANT ENGINEER, IRRIGATION AND CAD THE TAHSILDAR, KODURU MANDAL, KRISHNA DISTRICT. YERRAMSETTY PURNACHANDRA RAO, S/O BASAVAIAH, AGE MAJOR, OCC AGRICULTURE, R/O LINGAREDDYPALEM VILLAGE, SAMBASIVA RAO, , S/O BASAVAIAH, AGE MAJOR, OCC AGRICULTURE, R/O LINGAREDDYPALEM 2 VS,J W.P.No.12547 of 2020 ...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 toto issue writ, order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the respondents No. 2 to 5 in allowing the respondents No.6 and 7 to obstruct irrigation canal (Panta Bodhu) towards the petitioner's land in Sy.No.366/4 situated at Lingareddypalem, Koduru Mandal, Krishna District by considering the representation of the petitioner Dt 17-06-2020 as illegal, arbitrary, unconstitutional and consequently direct the respondents not to allow the respondents No. 6 and 7 to create obstruction of free flow of water and pass IA 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 No.2 to 5 to ensure the respondents No. 6 & 7 cannot obstruct irrigation canal (Panta Bodhu) for free flow of water towards the petitioner’s agricultural land in Sy.No.366/4 situated at Lingareddypalem, Koduru Mandal, Krishna District pending disposal of main W.P. and pass Counsel for the Petitioner: 1. THADIKONDA KOTESHWARA PRASAD Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV 3. T RAGHU PRASAD 3 VS,J W.P.No.12547 of 2020 The Court made the following Order: The present Writ Petition was filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue writ, order or direction more particularly one in the nature of writ of Mandamus to declare the inaction of the respondents No.2 to 5 in allowing the respondents No.6 and 7 to obstruct irrigation canal (Panta Bodhu) towards the petitioner’s land in Sy.No.366/4 situated at Lingareddypalem, Koduru Mandal, Krishna District by considering the representation of the petitioner Dt:17.06.2020 as illegal, arbitrary, unconstitutional and consequently direct the respondents not to allow the respondents No.6 & 7 to create obstruction of free flow of water and to pass such other order or orders ….” 2. When the writ petition came up for admission, on 30.07.2020, this Court was pleased to pass the following interim order: “The writ petition is filed questioning the action of respondents 2 to 5 in allowing the respondents 6 & 7 to obstruct irrigation canal (Panta Bodhu) towards the petitioner's land in S.No.366/4 situated at Lingareddypalem, Koduru Mandal, Krishna Mandal. Heard Sri Thadikonda Koteswara Prasad, learned counsel for the petitioner, learned Government Pleader for Irrigation representing the respondents 1, 3 & 4 and learned Government Pleader for Revenue the respondents 2 & 5. Learned Government Pleader seek time for getting instructions. Learned counsel for the petitioner submits that father of the petitioner was the absolute owner of an extent of Ac.0.44 cents in S.No.364-1 and Ac.0.49 cents in S.No.366-4. After the demise of his father, the petitioner along with his two brothers partitioned the said property and the petitioner got an extent of Ac.0.24 cents towards his share and he is cultivating the same. The respondents 6 & 7 are obstructing the flow of water by putting mud and stones, due to which the petitioner's crops are getting dried and he is suffering loss. The petitioner made a representation dated 17.06.2020 to the respondents. In spite of the same, the respondents have not taken any action against respondents 6 & 7. 4 VS,J W.P.No.12547 of 2020 In that view of the matter, there shall be interim direction to respondents 1 to 5 to consider the representation of the petitioner dated 17.06.2020 within one week from the date of receipt of a copy of this order. 3. No representation for the petitioner. Heard the learned Assistant Government Pleader for Irrigation representing the respondents. 4. The 4th respondent filed counter affidavit, wherein, it is stated that the water resource department has not closed the supply of water to Direct Pipe (DP) No.11 situated on right bank of the East Channel No.8 and the water is passing through direct pipe sufficiently and also there are no obstructions to the water flow in the canal. 5. Recording the same, the Writ Petition is closed. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Dated: 10.09.2025 MDP