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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARA (Special Original Jurisdiction) i MONDAY ,THE SIXTEENTH DAY OF JUNE 1 TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13109 OF 2025 Between:
1. Aragala Rajasekhar, S/o. Masthanu Aged about 36 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 2. Jadda Venkaiah, S/o. ,,,Late^ iVenkateswarlu Aged about 46 years Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 3. Jadda Nageswara Rao, S/o. Naraiah, Aged about 51 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 4. Aragala Hajarathu, S/o. Masthanu Aged about 43 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 5. Jadda Kumari, W/o. Srinivasulu Aged about 27 years, Karetivaripalem Harijanawada Thummalapentaj, Kavali Mandal, SPSR Nellore District. 6. Jadda Venkara Ramanamma, W/o. Venkaiah Aged about 42 years. Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 7. Aragala Srikanth, S/o. Masthanu Aged about 28 years. Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 8. Jadda Srinivasulu, S/o.Venkateswarlu Aged about 38 Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR years. Nellore District. 9. Aragala Nageswaramma, W/o. Ramanaiah Aged about 51 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 10. Aragala Dathadri, S/o.Masthanu Aged about 34 years Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 11. Aragala Narayanamma, W/o Masthanu Aged about 55 years Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 12. Jadda Samrajyam, W/o. Nageswara Rao Aged about 51 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 13. Aragala Prathyusha, W/o. Rajasekhar Aged about 20 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 14. Aragala Bharathi, w/o Mallikarjuna Aged about 41 years Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 15. Aragala Chinna Venkamma, W/o. Late Ramanaiah Aged about 60 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 16. Aragala Adilakshmi, W/o. Late Adimurthy Aged about 70 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. 17. Aragala Chinnabbai, S/o. Chinna Venkaiah Aged about 50 years, Karetivaripalem Harijanawada Thummalapenta, Kavali Mandal, SPSR Nellore District. ...PETITIONER(S) AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department Secretariat, Amaravathi, Guntur District. 2. The District Collector and Magistrate, Nellore, SPSR Nellore District. 3. The Tahsildar, Kavali Mandal. SPSR Nellore District. 4. The Commissioner of Fisheries, Penamaluru Vijayawada, NTR District. 5. The Andhra Pradesh State Pollution Control Board, Rep.
by the Member Secretary, 33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Vijayawada, Krishna District,
6. The Station House Officer, Kavali rural PS. Kavali Mandal. SPSR Nellore District. 7. The Thummalapenta Gram Panchayat, Represented by its Panchayat Secretary, Thummalapeta Village, Kavali Mandal,
8. Somayaagari Nageswara Rao, S/o. Seshaiah Aged about 57 years, R/o D No 1133935F Vengala Rao Nagar Kavali Mandal SPSR Nellore District.
5. The Andhra Pradesh State Pollution Control Board, Rep. by the Member Secretary, 33-26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Vijayawada, Krishna District,
6. The Station House Officer, Kavali rural PS. Kavali Mandal. SPSR Nellore District. 7. The Thummalapenta Gram Panchayat, Represented by its Panchayat Secretary, Thummalapeta Village, Kavali Mandal,
8. Somayaagari Nageswara Rao, S/o. Seshaiah Aged about 57 years, R/o D No 1133935F Vengala Rao Nagar Kavali Mandal SPSR Nellore 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 an appropriate writ order or direction more in the nature of Writ of Mandamus declaring the action of the respondents No.1 to 7 in not taking action on petitioners representations dated 21.10.2024 and 10.04.2025 on land encroachments, unauthorized bore well drilling, prawn culture without permission at thummalapenta village;, Kavali Mandal, SPSR Nellore District, as the ground water levels fallen to the lowest levels ever is illegal, arbitrary, unconstitutional and violative of Principles of natural justice and violative of Article 14, 21 and 300-A of the Constitution of India and the rules 1989 and against the true letter and spirit of the scheduled case and scheduled tribes (preventation of Atrocities) Act, 1989, violation of A.P. Water, Land and trees act, and the land encroachment act, and consequently direct the respondents No.1 to 7 to take action against the 8‘^ respondent land encroachments on the
illegal prawn culture and illegal conversions of ponds for shrimp culture to consider their representations dated 21.10.2024 Thummalapenta Village, Kavali Mandal, SPSR Nellore District and 10.04.2025 at lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents No. 1 to 7 to take action respondent land encroachments against the 8 on the illegal prawn culture and illegal conversions of ponds for shrimp culture to consider my representations dated 21-10-2024 and 10-04-2025 at Thummalapenta Village, Kavali Mandal, SPSR Nellore District.
f *.' Counsel for the Petitioners: M/s KOPPARTHI SUMATHI Counsel for the Respondents No.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: GP FOR FISHERS Counsel for the Respondent No.5: Counsel for the Respondent No.6: GP FOR HOME Counsel for the Respondent No,7: SRI M SUDHIR (SC FOR GRAM PANCHAYAT) Counsel for the Respondent No.8:—- The Court made the following: ORDER
APHC010222972025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATi (Special Original Jurisdiction) r S5S [3329] MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13109/2025 Between: ...PETITIONER(S) Aragala Rajasekhar and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1.KOPPARTHI SUMATHI Counsel for the Respondent(S):
1.GP EOR REVENUE The Court made the following:
2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13109/2025
ORDER: This Writ Petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of respondent Nos.1 to 7 in not taking action on petitioners representations dated 21.10.2024 and 10.04.2025 on land encroachments, unauthorized bore well drilling, prawn culture without permission at Thummalapenta Village, Kavali Mandal, SPSR Nellore District as the ground water levels fallen to the lowest levels ever is illegal, arbitrary, unconstitutional and violative of principles of natural justice and violative of Article 14, 21 and 300-A of the Constitution of Indi and the Rules 1989 and against the true letter and spirit of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989, violation of A.P. Water, Land and Trees Act and the Land Encroachment Act, and conseguently direct the respondent Nos. 1 to 7 to take action against the 8‘^ respondent land encroachments on the Itlegal prawn culture and illegal conversions of ponds for shrimp culture to consider my representations dated 21.10.2024 and 10.04.2025 at Thummalapenta Village, Kavali Mandl, SPSR Nellore District and pass such other order. ”
2. Heard
learned counsel for the petitioners and learned Assistant Government Pleader for the respondents.
3. Though the petitioners made several allegations against the respondents, during hearing, learned counsel for the petitioners requested this Court, without touching the merits of the case, to issue a direction to the respondents to dispose of the representations dated 21.10.2024 and 10.04.2025 filed by the petitioners.
m 3
4. Learned Assistant Government Pleader for Revenue readily agreed to dispose of the representations dated 21.10.2024 and 10.04.2025, if any pending with the respondents.
5. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued in view of the
judgment of the Apex Court in The Government of India v. P.Venkatesh^ wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioners himself requested to issue a direction to dispose of the representations dated 21.10.2024 and 10.04.2025, this Court find no other alternative except to issue such direction.
6. In the result, the Writ Petition is disposed of, directing the respondents to consider and dispose of the representations dated 21.10.2024 and 10.04.2025 filed by the petitioners, after providing opportunity of hearing to the parties concerned, within a period of three(3) months from the date of receipt of a copy of this
order. There shall be no order as to costs.
2019(8) SCALE 544
4 As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- K. TATA RAO deputy registrar //TRUE COPY// SECTION OFFICER To,
1. The Principal Secretary,State of Andhra Pradesh, Revenue Department Secretariat, Amaravathi, Guntur District. The District Collector and Magistrate, Nellore, SPSR Nellore District. The Tahsildar, Kavali Mandal. SPSR Nellore District. The Commissioner of Fisheries, Penamaluru Vijayawada, NTR District. The Member Secretary, Andhra Pradesh State Pollution Control Board, 33- 26-14 D/2, Near Sunrise Hospital, Pushpa Hotel Centre, Chalamalavari Street, Kasturibaipet, Vijayawada, Krishna District, The Station House Officer, Kavali rural PS. Kavali Mandal. SPSR Nellore District. The Panchayat Secretary,Thummalapenta Gram Panchayat, Thummalapeta Village, Kavali Mandal, Somayaagari Nageswara Rao, S/o. Seshaiah Aged about 57 years, R/o D No 1133935F Vengala Rao Nagar Kavali Mandal SPSR Nellore District.
9. One CC to M/s. KOPPARTHI SUMATHI Advocate [OPUC]
10. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh. [OUT]
11. Two CCs to GP FOR FISHERS, High Court of Andhra Pradesh. [OUT]
12. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT]
13. One CC to SRI. M. SUDHIR, Advocate (SC FOR GRAM PANCHAYAT) [OPUC]
14. Three C.D.Copies
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HIGH COURT DATED: 16/06/2025
ORDER WP.No.13109 of 2025 an5^^ % 2 7 JUN 2025 S’" DISPOSING OF THE WP WITHOUT COSTS