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2025 DAILYLAW 20033 (AP)

KANUMURI SRINIVASA RAJU v. THE STATE OF AP

WP/14179/2025 · 2025-06-04

Kiranmayee Mandava

body2025

Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT 7. '/(S.fi ;'in !! >• THE HONOURABLE SMT JUSTICE KIRANMAYEE MANdMa WRIT PETITION NO: 14179 OF 2025 Between: Kanumuri Srinivasa Raju, S/o. Krishnam Raju, aged 55 years, cultivation R/o PM No.47, P.S.R.Green City, Peda Amiram, Kalla Mandal, West Godavari (Dist) ...Petitioner AND 1. The State of Andhra Pradesh, rep by its Principal Secretary Irrigation Department, Secretariat (Buildings) Velagapudi, Guntur Dist. 2. The Assistant Engineer, irrigation Section, Akiveedu, West Godavari District. 3. The District Collector, West Godavari District, Bhimavaram. 4. The MRO/Tahsildar, Akiveedu Mandal, West Godavari District. 5. Gottumukkala Venkata Surya Satyanarayana Raju, S/o Hemadri Raju 52 years, cultivation. Railway Station Road, Akiveedu (V) and (M) West Godavari 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 order. Writ or Direction more particularly in the nature of Writ of Mandamus declaring the highhanded action of Respondent Authorities in trying to demolishing the inlet pipe attached to Petitioner's property aqua tank of Ac.12-08 cts in RS.No's.355, 356-1C, 356/2A and 3B, 359-1A and 344/1,2,3 respectively, situated in Rajulapeta (V), Kollaparru Revenue, Akiveedu (M), West Godavari District, as illegal, arbitrary, violative of Principles of Natural Justice apart from fundamental rights guaranteed under Article 14, 19(1)(g), 21 and 300-A of the Constitution of India, consequently direct the Respondent Authorities not to interfere with the possession of the Petitioner's property aqua tank of Ac.12-08 cents in RS.No's.355, 356-1C, 356/2A and 3B, 359-1A and 344/1,2,3 of Rajulapeta (V), Kollaparru Revenue, Akiveedu (M), West Godavari (D), pending disposal of the above Writ Petition 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 Authorities not to interfere with the possession of the Petitioners property aqua tank of Ac. 12-08 cents in RS.No S.355: 356-1C; 356/2A&3B: 359-1A and 344/1,2,3 of Rajulapeta (V), Kollaparru Revenue, Akiveedu (M), West Godavari (D), pending disposal of the above Writ Petition Counsel for the Petitioner: SRI K K DURGA PRASAD Counsel for the Respondents No.1 & 2: GP FOR IRRGATION AND COMMAND AREA DEVELOPMENT Counsel for the Respondents No.3 & 4: GP FOR REVENUE The Court made the following: Order APHC010280882025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] THURSDAY, THE FIFTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 14179/2025 Between: Kanumuri Srinivasa Raju ...PETITIONER AND The State of A.P and Others ...RESPONDENT(S) Counsel for the Petitioner: 1.KKDURGA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FORIRRI AND CAD The Court made the following: ORDER: This Writ Petition is filed challenging the proceedings issued from the office of the 2^'^ respondent requiring the petitioner to divert the drain that is alleged to have been emanating from his aqua fields, on the pretext that the drain is causing damage to the paddy fields located at downslope of the petitioner’s lands. -.•a contended that the said proceedings came to be passed on complaint made by the ryots of the agricultural fields, which are located on downslope of the petitioner’s land. 3. It appears that the petitioner was not put on notice, before passing the impugned order. Learned counsel for the petitioner contends that the impugned proceedings came to be passed basing on the complaint made by the 5'^ respondent. Before passing the impugned order, the petitioner was never put on notice nor called for any objections. The learned counsel for the petitioner submits that the impugned order is not sustainable. Considering the submissions made, this Court deems it appropriate to dispose of this Writ Petition. 6. Accordingly, the Writ Petition is disposed of directing the respondents to pass appropriate orders in connection with the complaint said to have been received against the petitioner, after issuing notice to the petitioner by calling for his objections. Till such passing of such orders, the respondents are directed not to interfere with the subject land. 2. It is 4. 5. With the above observations, the Writ Petition is disposed of. 7. Sd/-SHAIK WiOHD RAH assistant registrar //TRUE COPY// SECrioN-OPFlCER To, i Tho Prinrir^al Secretary State of Andhra Pradesh, Irrigation Department, Secretariat (Buildings) Velagapudi, Guntur Dist. irrigation Section, Akiveedu, West Godavari 2. The Assistant Engineer District. 3. The District Collector, West Godavari District, Bhimavaram. MRO/Tahsildar, Akiveedu Mandal, West Godavari District. 4. The 5. One CC to SRI K K DURGA PRASAD Advocate [OPUC] 6 Two CCS to GP FOR IRRIGATION .‘COMMAND AREA DEVELOPMENT, High Court of Andhra Pradesh [OUT] REVENUE, High Court of Andhra Pradesh [OUT] 7. Two CCs to GP FOR 8. Three CD Copies HIGH COURT DATED: 05/06/2025 ORDER WP.No.14179 of 2025 DISPOSING THE WP WITHOUT COSTS