Adapa Leela Ganga Rajesh v. The State of Andhra Pradesh
WP/12585/2025 · 2025-05-08
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 17576 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 17576 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) FRIDAY, THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADD^ WRIT PETITION NO: 12585 OF 2025 Between:
1. Adapa Leela Ganga Rajesh, S/o. Adapa Jagannadha, Aged 36 years, R/o. House No. 1-43, Madepalli, Jalipudi, Eluru Mandal, Eluru District. 2. Adapa Gangaraju, S/o. Adapa Jagannadham, Aged 65 years, R/o. D.No.1-26, Jalipudi /Post, Eluru Mandal, Eluru District. ...Petitioners, AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary’, Irrigation Department, Secretariat, Amaravati, Velagapudi, Guntur District. 2. The District Collector, Eluru at Eluru District. 3. The Revenue Divisional Officer, Eluru at Eluru District. 4. The Superintendent Engineer, Eluru Irrigation Canal, Eluru District. 5. The Tahsildar, Eluru at Eluru District. 6. Pasuvuleti Ramaswamy S/o. Kotaiah, Aged 52 years, R/o. 6th division, venkatapuram, Indira colony, Eluru mandal Eluru district. 7. Kanupati Chanti S/o. Bramaiah, Aged 54 years, R/o. Near Gangamma temple, Madepalli Grampanchayat Eluru Mandal, Eluru District. 8. Gandikota Murali S/o. Ramaswamy, Aged 56 years, R/o. Near Saibaba temple, 9'^ ward, Madepalli Grampanchayat Eluru Mandal, Eluru District. 9. Pasupuleti Durga Rao S/o Kotaiah Aged 55 years, R/o. 6*^ division, Indira colony, Eluru mandal Eluru district. ...Respondents ^
Petition under Article 226'of the Constitution of India praying that in : V the'circumstancesstated in the affidavit filed therewith, the High Court may be/pleased to issue a Writ of mandamus or any other appropriate writ order dr direction declaring the action of the Respondent Nos.2 to 5 in not considering the petitioners representation dt.28.04.2025 against highhanded laying of road towards southern side of the petitioners land which is called as a " kaluva Gattu" i.e.. Ponangi puntha Canal situated at madepalli grampanchayt eluru mandal eluru district though there is no feasible for laying of road on the irrigation canal is illegal, arbitrary and Consequently to direct the respondent nos.2 to 5 not to lay the road Kaluva Gattu towards southern side of the petitioners land which is called as kaluva Gattu" ja.. Ponangi puntha Canal madepalli grampanchayat Eluru mandal Eluru District.
on 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 respondent nos.2 to 5 not to lay any road on the Kaluva Gattu towards petitioners southern side of the land which is called as kaluva Gattu i.e., Ponangi puntha Canal madepalli grampanchayat Eluru mandal eluru District by considering the petitioners representation 28-04-2025 pending disposal of the writ petition. Counsel for the Petitioners: SRI N ASWARTHA NARAYANA Counsel for the Respondents: GP FOR IRRIGATION & CAD" Counsel for the Respondents: GP FOR REVENUE . The Court made the following order:
APHC010240082025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Juri5diction) 'r [3329] FRIDAY ,THE NINTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12585/2025 Between: Adapa Leela Ganga Rajesh and Others ...PETITIONER(S) AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S):
1. N ASWARTHA NARAYANA Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR IRRIGATION COMM AREA DEV The Court made the following ORDER: This writ petition is filed under Article 226 of the Constitution
1. of the India seeking the following reliefs;- ‘\o direct the respondent nos.2 to 5 not to lay any road on the Kaluva Gattu towards petitioners southern side of the land which is called as kaluva Gattu” i.e. Ponangi puntha Canal madepalli grampanchayat Eluru mandal eluru District by considering the petitioners representation 28-04- 2025 pending disposal of the writ petition and pass such other order. 2 several allegations against the
learned counsel for the petitioners requested this direction to the
2. Though the petitioner made respondents, during hearing without touching the merits of the case, to issue a Court, dated 28.04.2025 of the to consider the representation respondents Petitioners. Government Pleader for Revenue appearing for the readily agreed to consider the representation of the petitioners Learned Assistant
4. respondents dated 28.04.2025, if any pending with the authorities. counsel for the petitioner and the learned Government Pleader for Revenue appearing for the respondents. Heard the learned
5. of the learned Assistant Government Pleader need not decide the truth or otherwise of the is conscious that no such direction The Government of In view of the submission
6. for Respondents, this Court allegations made in the petition. This Court is . be issued, in view of the judgment of the Apex Court in wherein the Apex Court held that such orders may overburdened adjudicatory 1» India v. P.Venkatesh make for a quick or easy disposal of cases in institutions. But, they do no service to the cause counsel for the petitioners himself requested to issue the representation 28.04.2025, this Court find no of justice. As the learned a direction to consider other alternative except to issue such direction.
2019 (8) SCALE 544
3 In the result, the writ petition is disposed of, directing the respondents to 28.04.2025 of the Petitioner within three (03) of this order by passing a speaking
7. . dispose of the representation months from the date of receipt of a copy meanwhile, status-quo shall be maintained by both the parties in
order. In the respect of the subject. There shall be no order as to costs, sequel miscellaneous application, pending, if any, shall also As a stand closed.
Sd/- M RAMESH BABU DEPUTY REGISTRAFT //TRUE COPY// section officer To,
1. The Principal Secretary, Irrigation Department, State of Andhra Pradesh, Secretariat, Amaravati, Velagapudi, Guntur District—
2. The District Collector, Eluru at Eluru District.
3. The Revenue Divisional Officer, Eluru at Eluru District^
4. The Superintendent Engineer, Eluru Irrigation Canal, Eluru District.
5. The Tahsildar, Eluru at Eluru District.
6. One CC to Sri N Aswartha Narayana, Advocate [OPUC] 7 Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh. [OUT]
8. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] ^
9. Two CD Copies RAM
HIGH COURT DATED:09/05/2025
ORDER WP.No.12585of 2025 DISPOSING OF THE WP WITHOUT COSTS