1 APHC010284332025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] MONDAY,THE TWENTY EIGHTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 14382/2025 Between: 1.SRI MUMMIDI VENKATESWARA RAO, S/O RAMULU, AGED 62 YEARS OCC AGRICULTURE, R/O FAKRUDDINPALEM, PITHAPURAM MANDAL KAKINADA DISTRICT ANDHRA PRADESH. 2.SRI. MALIREDDY PALLAPU RAJU, S/O NAGABHUSHANAM AGED 51 YEARS, OCC AGRICULTURE R/O D NO 2-147/1, VIRAVADA ROAD FAKRUDDINPALEM, PITHAPURAM MANDAL KAKINADA DISTRICT, ANDHRA PRADESH. 3.SRI. KOLA RAVINDRA, S/O PERAYYA, AGED 35 YEARS, OCC AGRICULTURE, R/O RAMESWARAM, INDRAPALEM MANDAL KAKINADA DISTRICT, ANDHRA PRADESH. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT TULLURU, SECRETARIAT BUILDINGS 2 VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY TO GOVERNMENT PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 3. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY TO GOVERNMENT MINES AND GEOLOGY DEPARTMENT, TULLURU, SECRETARIAT BUILDINGS VELAGAPUDI, GUNTUR DISTRICT, ANDHRA PRADESH. 4. THE DISTRICT PANCHAYAT OFFICER, KRISHNA NAGAR, RAMANAYAPETA, KAKINADA, ANDHRA PRADESH 533005. 5. THE PANCHAYAT SECRETARY, FK PALEM VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH-533001 6. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT Y.L DIVISION, PEDDAPURAM KAKINADA DISTRICT,ANDHRA PRADESH. 7. THE DEPUTY DIRECTOR, DEPARTMENT OF MINES AND GEOLOGY PALLAMRAJU NAGAR, KAKINADA, ANDHRA PRADESH 533001 8. THE DISTRICT COLLECTOR, BESIDE DISTRICT LIBRARY MAIN ROAD, KAKINADA KAKINADA DISTRICT. 9. THE CIRCLE INSPECTOR, POLICE STATION PITHAPURAM RURAL KAKINADA DISTRICT. 3 10.SMT K GOURI, C/O VENKATA RAO, AGE NOT KNOWN, R/O VIRAWADA VILLAGE, PITHAPURAM MANDAL, KAKINADA DISTRICT, ANDHRA PRADESH. ...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 an appropriate writ more in the nature of Writ of Mandamus declaring the action of the Respondents more particularly, the 6th Respondent Executive Engineer in issuing the Proceedings No. 342- M/YIDPDP/2025-26, dated 13.05.2025 granting permission to the 10th Respondent to excavate the silt in canal of Papididoddi Lake without conducting any site inspection or verifying the feasibility for excavation as provided in the G.O. Rt. No 203, Water Resources (CADA) Department, dated 12.05.2025 and the consequential action of the Assistant Executive Engineer, Irrigation Pithapuram in seeking to adopt the Resolution passed by the (Neeti Vinoyogadaryulu Sangham) Water Resources Body to remove the silt without assessing the ground reality and ignoring the fact that the impugned action will stall the flow of water to the fields of Petitioners as being arbitrary, illegal and violating Articles 14, 16 and 21 of the Constitution of India and further contrary to G.O. Rt. No 203, Water Resources (CADA) Department, dated 12.05.2025 and consequently to set aside the same and issue IA 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 suspend the Proceedings No.342- M/YIDPDP/2025-26, dated 13.05.2025 of the 6th Respondent Executive Engineer, pending disposal of the Writ Petition, in the interest of justice and pass Counsel for the Petitioner(S): 4 1.SRI VIJAY MATHUKUMILLI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR REVENUE 3.GP FOR IRRI AND CAD 4.GP FOR MINES AND GEOLOGY The Court made the following order: 5 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.14382 OF 2025 ORDER:- 1. The present writ petition is filed questioning the action of the 6th respondent in issuing the proceedings dated 13.05.2025 granting permission to 10th respondent to excavate the silt in canal of Papididoddi Lake without conducting any site inspection or verifying the feasibility for excavation as per G.O.Rt.No.203, Water Resources (CADA) Department, dated 12.05.2025 and to set aside. This Court by order dated 23.06.2025, directed the 6th respondent to see that the 10th respondent does not excavate the slit from the subject canal. 2. When the matter is taken up for hearing, it is represented by learned Assistant Government Pleader for Irrigation that the 10th respondent was permitted to excavate silt for a period of 15 days by proceedings dated 13.05.2025. The only grievance of the petitioner is that, despite completion of period stipulated in the said proceedings, the 10th respondent continued to excavate silt from the canal. 6 3. The learned Assistant Government Pleader for Irrigation placed instructions dated 19.07.2025, furnished by the 6th respondent. 4. In the said instructions, it is stated that no de-silting activity is carried out in the canal in dispute as alleged by the petitioner. 5. The instructions furnished by the 6th respondent is placed on record. 6. The counsel for the petitioner also reported that at the present, there is no de-silting activity being carried out in the subject canal. Having regard to the submissions made by counsel on either side and taking into consideration of the instructions dated 19.07.2025 furnished by the 6th respondent, the present writ petition is closed as no further orders are necessary. There shall be no order as to costs. As a sequel miscellaneous petitions, if any shall stand closed. _____________________ JUSTICE T.C.D. SEKHAR 28.07.2025 DR 7 121 THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION No.14382 OF 2025 Date:28.07.2025 DR