APHC010212252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 1} MONDAY, THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10721 OF 2025 Between: Tatineni Sivakumar Naidu, S/o Venkataiah Naidu, Aged 55 years, 16-95, Thimmasamudram Village and. Post, Tsundupalli Mandal, Annamayya District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department, (Irrigation and Command Area Development Department) Secretariat, Velagapudi, Amaravati. 2. The District Collector and District Election Officer, Water Users Associations' Elections, Annamayya District, Rayachoti. 3. The Superintendent Engineer-cum-the Additional District Election Officer, Water User Associations’ Elections, Rayachoti, Annamayya District. 4. Paruchuri Mohan Naidu, S/o Bojjaiah Naidu, Aged about 67 years, R/o Thimmasamudram Village and Post, Tsundupalli Mandal, Annamayya District. ...Respondents 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 a Writ or an order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities herein in not taking action on the representations dated 27.01.2025 and 17.03.2025 for taking appropriate action on the disqualification suffered by the 4th respondent as member of Territorial Constituency No.2 as highly arbitrary, illegal, null and void against the provisions of the Andhra Pradesh Farmers' Management of Irrigation Systems' Act, 1997 (Act 11 of 1997) and the rules made there under and consequently to direct the respondent authorities to act upon and take appropriate action on the above said representations. lA 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.2 & 3 herein to take appropriate action on the representations dated 27.01.2025 &. 17.03.2025, Pending disposal of the above writ petition. Counsel for the Petitioner: SRI VENKAT SAILENDRA G Counsel for the Respondent Nos. 1 to 3: GP FOR IRRI AND CAD Counsel for the Respondent No.4: — The Court made the following order: ' % APHC010212252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE ELEVENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 10721/2025 Between: 1.TATINENI SIVAKUMAR NAIDU, S/0 VENKATAIAH NAIDU, AGED 55 16-95, THIMMASAMUDRAM VILLAGE AND. POST, YEARS TSUNDUPALLI MANDAL, ANNAMAYYA DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, (IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT) SECRETARIAT, VELAGAPUDI, AMARAVATI. 2.THE DISTRICT COLLECTOR AND DISTRICT ELECTION OFFICER, ANNAMAYYA WATER USERS ASSOCIATIONS' ELECTIONS, DISTRICT, RAYACHOTI. 3.THE SUPERINTENDENT ENGINEERCUMTHE ADDITIONAL DISTRICT ELECTION OFFICER, WATER USER ASSOCIATIONS ELECTIONS, RAYACHOTI, ANNAMAYYA DISTRICT. 4.PARUCHURI MOHAN NAIDU, S/0 BOJJAIAH NAIDU, AGED ABOUT IVO THIMMASAMUDRAM VILLAGE AND POST, 67 YEARS, TSUNDUPALLI MANDAL, ANNAMAYYA 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 topleased to issue a Writ or an order or direction, more particularly 2 one in the nature of writ of Mandamus declaring the action of the respondent authorities herein in not taking action on the representations dated 27.01.2025 and 17.03.2025 for taking appropriate action on the disqualification suffered by the 4th respondent as member of Territorial Constituency No.2 as highly arbitrary, illegal, null and void against the provisions of the Andhra Pradesh Farmers' Management of Irrigation Systems' Act, 1997 (Act 11 of 1997) and the rules made there under and consequently to direct the respondent authorities to act upon and take appropriate action on the above said representations and to pass lA 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 Pleased to direct the respondents No.2 & 3 herein to take appropriate action on the representations dated 27.01.2025 &. 17.03.2025, Pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1.VENKAT SAILENDRAG Counsel for the Respondent(S): 1.GP FOR IRRI AND CAD The Court made the following: 3 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.10721 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “....to issue a Writ or an order or direction, more particularly one in the nature of writ of Mandamus declaring the action of the respondent authorities herein in not taking action on the representations dated 27.01.2025 and 17.03.2025 for taking appropriate action on the disqualification suffered by the 4th respondent as member of Territorial Constituency No. 2 as highly arbitrary, illegal, null and void against the provisions of the Andhra Pradesh Farmers' Management of Irrigation Systems' Act, 1997 (Act 11 of 1997) and the rules made there under and consequently to direct the respondent authorities to act upon and take appropriate action on the above said representations and to pass...." 2. The petitioner herein is an agriculturist having agricultural lands in Sy.Nos.483, 498 of Thimmasamudram revenue village, Tsundupalli mandal, Annamayya district, which falls under the Territorial constituency No. 11 of Wootacheruvu ayacut. The petitioner herein is also a member of Wootacheruvu water users association and is shown as a voter vide serial No.41 in the voters list prepared for conducting election to the said water users association. The grievance of the petitioner is that though the 4*^ respondent is disqualified under Section 14 of the Andhra Pradesh Farmers’ Management and Irrigation Systems’ Act, 1997, he has contested as a Territorial constituency member of TC No.II of the said water users’ association. Though the petitioner along with others has raised objections before the 3''^ respondent, without considering the same, the 3 rd 4 respondent has declared the respondent as Territorial Constituency member - II of Wootacheruvu water users association, Timmasamudram village, Tsundupalli mandal, Annamayya district. Subsequently, in spite of the petitioner submitting several representations to the 2 nd respondent, the latest being 27.01.2025 and 17.03.2025, the respondent authorities have not acted upon the same and as on the date, the 4*^ respondent is being continued as Territorial Constituency member - II of the said association. Aggrieved by the same, the present writ petition is filed. 3. Heard Sri. G. Venkat Sailendra, learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation and Command Development for the respondents. 4. During the course of hearing, learned counsel for the petitioner, though has raised several contentions, he requested this Court respondents to initiate appropriate action on the representation s submitted by the petitioner on 27.01.2025 and 17.03.2025. Area to direct the 5. On the other hand, learned Assistant Government Pleader for Irrigation has produced a copy of letter addressed by the Executive Engineer dated 07.08.2025 wherein it is stated that at the time of elections WRD a no due certificate will be issued by the Village Revenue Officer in respect of the water tank concerned. As per the rules governing the said elections, the said certificate is a valid requirement and as the 4*' respondent has furnished the said no due certificate, he was deemed to be eligible to contest elections and as such, the respondents have not in the committed any illegality in % 5 5$^ declaring the 4*^ respondent Wootacheruvu water mandal, Annamayya district. as Territorial Constituency member - II of users association, Timmasamudram village, Tsundupalli 6. It can be seen from the above that the 4**^ participate in the aforesaid elections as he has produced respondent was permitted to ‘no due certificate’ issued by the Village Revenue Officer. However, the instructions produced by learned Assistant Government Pleader are silent as to whether the respondents have passed any order pursuant to the by the petitioner on 27.01.2025 and 17.03.2025. representations submitted 7. As such, instead of going into the merits of the case, this Court feels it appropriate to dispose of the present writ petition, by directing respondent and 3 to pass appropriate orders on the representation made by the petitioner 17.03.2025, being the latest one, in accordance with law, within Nos.2 on a period of six (06) weeks from the date of receipt of a copy of this order. 8. Accordingly, with the above direction, this writ petition is dispose of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. Sd/-SHAIK MOHD RAFi ASSISTANT REGISTRAR //TRUE COPY// SECTIO^^FICER To, 1. The Principal Secretary, Water Resources Command Area Development Department) Amaravati. Department, (Irrigation and Secretariat, Velagapudi, % 2. The District Collector and District Election Officer, Water Users Associations' Elections, Annamayya District, Rayachoti. 3. The Superintendent Engineer-cum-the Additional District Election Officer, Water User Associations Elections, Rayachoti, Annamayya District. 4. One CC to Sri Venkat Sailendra G Advocate [OPUC] 5. Two CCs to GP for Irri and CAD High Court of Andhra Pradesh [OUT] 6. Two CD Copies TF HIGH COURT DATED;11/08/2025 ORDER WP NO. 10721 OF 2025 5( 0 3 SEP 2025 )g) ^>NCiTOntS«!3iiX,^ DISPOSING OF THE W.P., WITHOUT COSTS