APHC010216342017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19762/2017 Between: 1. CH RAMACHANDRA RAO(DIED) PER LRS 2 TO 5, OCC LIC AGENT R/O D NO 28 2 7 PHIRANGULA DIBBA SANTHI NAGAR ELURU WEST GODAVARI DISTRICT 2. CHENNURI RADHA RANI W/O LATE CHENNURI RAMACHANDRA RAO, D NO 28 2 7 PHIRANGULA DIBBA SANTHI NAGAR ELURU WEST GODAVARI DISTRICT 3. CHENNURI CHAKRADHAR S/O LATE CHENNURI RAMACHANDRA RAO, D NO 28 2 7 PHIRANGULA DIBBA SANTHI NAGAR ELURU WEST GODAVARI DISTRICT 4. CHENNURI SEKHAR S/O LATE CHENNURI RAMACHANDRA RAO, D NO 28 2 7 PHIRANGULA DIBBA SANTHI NAGAR ELURU WEST GODAVARI DISTRICT 5. CHENNURI RANGA RAJESH S/O LATE CHENNURI RAMACHANDRA RAO, D NO 28 2 7 PHIRANGULA DIBBA SANTHI NAGAR ELURU WEST GODAVARI DISTRICT P2 TO 5 ARE BROUGHT ON RECORD AS LRS OF DECEASED 1ST PETITIONER AS PER CO DT 13/10/2022IN IA 01/2022 ...PETITIONER(S) AND 1. STATE OF A P AND 5 OTHERS, - ...RESPONDENT 2 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 IA NO: 1 OF 2017(WPMP 24132 OF 2017 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 IA NO: 1 OF 2019 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 dispense with the personal appearance of the District Collector, West Godavari/Respondent No. 4 in W.P No. 19762 of 2017 on 24.12.2019. IA NO: 1 OF 2022 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 add the proposed petitioners 2 to 5 to the main writ petition 19762/2017 since the petitioner no.1 died on 04-05-2021 leaving behind the proposed petitioners 2 to 5 as his legal representatives LRs. Hence petitioner no.2 to 5 and grant such other relief Counsel for the Petitioner(S): 1. VENKAT CHALLA Counsel for the Respondent: 1. GP FOR REVENUE (AP) 2. GP FOR IRRI AND CAD (AP) 3. GANGA KUMAR CHAKRAVARTULA The Court made the following 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…declaring the action of the respondents 2 to 5 in not taking any action against the 6th respondent for removal of the encroachments being made by the 6th respondent in the government irrigation channel by constructing huge structures for establishment of factories in the land situated in Sy.No.39 of Muppavaram Village, Denduluru Mandal, West Godavari District preventing free flow of water from K.E.Canal to the fields of the Ayacutdars including the petitioner by considering the complaint given through Mee-Kosam dated 27.02.2017 is wholly illegal, arbitrary, violative of Articles 21 and 91(1)(g) of Constitution of India for a consequential order directing the respondent Nos.2 to 5 to take immediate action against the 6th respondent for removal of the encroachments being made by the 6th respondent in the government irrigation channel by constructing huge structures for establishment of factories in the land situated in Sy.No.39 of Muppavaram Village, Denduluru Mandal, West Godavari District preventing free flow of water from K.E.Canal to the fields of the Ayacutdars including the petitioner by considering the complaint given through Mee-Kosam dated 27.02.2017 and pass such other order or orders ….” 2. Today, when the matter came up for hearing, learned Assistant Government Pleader for Revenue furnished copy of instructions vide Roc.No.E4/96270/2025 dated -.08.2025 wherein it is stated that in pursuance of the complaint made by the petitioners and other Ayacutdars, the 4th respondent-District Collector has issued notice to all the parties and accordingly, an inquiry was conducted on 16.12.2019. The instructions further reads as under: “… the Revenue Divisional Officer, Eluru has reported that, the Water users Association conducted an emergency meeting on 22.12.2019 and resolved that the previous Pantabodhi be restores to its original state, the Executive Engineer, KE Canal, Eluru, has reported that the alternative Pantabodhi 4 excavated by the 6th respondent was functioning satisfactorily, supplying water without obstruction during Kharif-2019, and that both the old and new channels passed only through patta lands, making the new alignment technically viable. Further, Smt.Nukala Ammaji had purchased Ac.2-58 cts in R.S.NO.39 through Registered Sale Deed No.3869/2012, including the private Pantabodhi. The original bodhi from Pedda Cheruvu in R.S.No.34 passed through R.S.Nos.39, 37, and 36 but was not demarcated in FMB. The 6th respondent closed it and excavated an alternate bodhi in R.S.No.38, which was clubbed into the existing bodhi in R.S.No.37. Both the new and old bodhi flowed only through patta lands, with no obstruction to water flow, and surrounding ryots confirmed adequate irrigation. Except Ac.0-95 cts in R.S.No.36, which was converted to non-agricultural use, the petitioner’s lands were cultivable but remained fallow by his choice. As the Pantabodhi was private, not demarcated in FMB, and the allegations of obstruction were found incorrect, the said land has been inspected by the Tahsildar on 24.08.2025 and concluded that, the new Pantabhodi is serving the purpose of water flow and there is no obstruction and water is freely flowing to the petitioners land also.” 3. As seen from the instructions, it is evident that, as on date, the new Pantabodhi is serving the purpose of facilitating water flow, and there is no obstruction and water is also freely flowing to the petitioner’s land. 4. Recording the said instructions, this Court is of the opinion that no further orders are necessary in the writ petition. However, the petitioners are at liberty to approach this Court if any fresh cause of action arises. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this case, shall stand closed. __________________ JUSTICE V.SUJATHA Date:30.08.2025 KA 5 6 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19762 of 2017 Date:30.08.2025 KA