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2025 DAILYLAW 21345 (AP)

MEDAPATI PRABHAKARA REDDY v. THE STATE OF ANDHRA PRADESH

WP/15576/2025 · 2025-06-26

Gannamaneni Ramakrishna Prasad

body2025

Judgment text

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' 7 APHC010300922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15576 OF 2025 ^ Between: 1. Medapati Prabhakara Reddy, S/o. Rama Krishna Reddy, aged about 58 years, R/o. Kavitam, Poduru Mandal West Godavari District. 2. Kovvuri Sarry Reddy, S/o. Venkata Reddy, aged about 35 Years R/o. Door No.7-114, Sivalayam veedhi, Marteru, Penumantra Manal, West Goavari district. ...PETITIONERS AND 1. Thi^tate of Andhra Pradesh, Rep by its PrI. Secretary, Panchayat Raj Department, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, West Godavari District, Bhimavaram. 3. The District Panchayat Officer, West Godavari District, Bhimavaram. 4. The Revenue Divisional Officer, Narsapuram Division, West Godavari District. 5. The Tahsildar, Tahsildars Office, Penumantra Mandal, West Godavari District. 6. The Assistant Executive Engineer, Irrigation Department, Marteru, Penumantra Mandal, West Godavari District. 7. The Village Revenue Officer, Velagaleru, Penumantra Mandal, West Godavari District. 8. The Gram Panchayat, rep by its Panchayat Secretary, Velagaleru Penumantra Mandal, 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 writ or direction more particularly one in the nature of the writ of mandamus declaring that the actions of the 8^'' respondent to construct the dumping yard by fillup the water Bodhi at old R.S.No.27-1, at present LP No. 181 situated at velagaleru village, velagaleru Gram Panchayat PenumantraMandal, West Godavari District are illegal and Limits, arbitrary, consequently direct the Respondents Nos. 2 to 6 to issue necessary instructions to the 8*^ Respondent without construct dumping yard by fill up the water Bodhi at old R.S.No.27-1, present LP.No.181 without causing loss to the wet lands of the petitioners and others, by determent the water rights through the said Bodhi to the wet lands of the petitioners and others lands, comes under Ayacut to the said water Bodhi. lA NO: 1 OF 2025 Pej^n 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 7^^ and 8*^^ respondents not to construct the dumping yard by filling up the water Bodhi or any other work at R.S.No.27-1, present LP.No.181, situated at Velagaleru village, Penumantra Mandal, West Godvari District during the pendency of the above writ petition. Counsel for the Petitioners: PECHATHY RANGA RAO Counsel for the Respondent Nos.1 & 3: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2,4,5 & 7: GP FOR REVENUE / Counsel for the Respondent No.6: GP FOR IRRIGATION & CAD Counsel for the Respondent No.8: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT The Court made the following order: APHC010300922025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] FRIDAY ,THE TWENTY SEVENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15576/2025 Between: 1.MEDAPATI PRABHAKARA REDDY, S/0. RAMA KRISHNA REDDY, AGED ABOUT 58 YEARS, R/0. KAVITAM, PODURU MANDAL WEST GODAVARI DISTRICT. 2.KOVVURI SARRY REDDY, S/0. VENKATA REDDY, AGED ABOUT 35 YEARS R/0. DOOR NO.7-114, SIVALAYAM VEEDHI, MARTERU, PENUMANTRA MANAL, WEST GOAVARI DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRI SECRETARY, SECRETARIAT BUILDINGS, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, BHIMAVARAM. 3. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT. BHIMAVARAM. 4.THE REVENUE DIVISONAL OFFICER, NARSAPURAM DIVISION. WEST GODAVARI DISRICT. 5.THE TAHSILDAR, TAHSILDARS OFFICE, PENUMANTRA MANDAL, WEST GODVARI DISTRICT. 6.THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, MARTERU, PENUMANTRA MANDAL, WEST ' GODAVARI DISTRICT. 7.THE VILLAGE REVENUE OFFICER, MANDAL, WEST GODAVARI DISTRICT. 8. THE GRAM PANCHAYAT, REP BY ITS PANCHAYAT SEPRPTApv VELAGALERU, penumantra ...RESPONDENT(S); Counsel for the Petitioner(S); 1.PECHATHY RANGA RAO Counsel for the Respondent(S); 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 15576/2025 ORAL ORDER: Heard Sri P.Ranga Rao, Ld. Counsel for the Writ Petitioners, Sri P.Chaitanya Srinivas, Lcl. :%i^wsel appearing on behalf of Sri Y.Koteswara Rao, Ld. Standing Counsel for the Gram Panchayat, Sri T. Sanjeeva Rao, Ld. Assistant Government Pleader for Revenue and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj & Rural Development. 2. Sri T. Sanjeeva Rao, Ld. Assistant Government Pleader for Revenue has submitted the Written Instruction furnished by the Tahsildar, Penumantra Mandal, West Godavari District, dated 26.06.2025. Copy of it has been served on the Ldr^^ounsel for the Writ Petitioners and the same is taken on record. 3. Sri P.Chaitanya Srinivas, Ld. Counsel appearing on behalf of Sri Y.Koteswara Rao, Ld. Standing Counsel for the Gram Panchayat has submitted the Written Instruction furnished by the Panchayat Secretary, Grama Sachivalayam, Velagaleru, Penumantra Mandal, West Godavari District, dated 27.06.2025. Copy of it has been served on the Ld. Counsel for the Writ Petitioners and the same is taken on record. 4. Both the Written Instructions clearly indicate that there is no proposal to convert the water Bodhi at old R.S.No.27-1 (presently LPM No. 181), situated 4 in Velagaleru Village, Penumantra Mandal, dumping yard. West Godavari District, into a 5. Having recorded the same, this Court deems it this Writ Petition at the admission stage directing the parties to follow due to be undertaken in the future. appropriate to dispose of without going into the merits, by process of law, if any such activity is sought 5. Accordingly, the Writ Petition is disposed of. No order Interlocutory Applications, if any, stand closed in terms of this order. as to costs. 6. Sd/- B. PRASADA RAO assistant registrar //TRUE COPY// SEC^N OFFICER To, 1. The PrI. Secretary, Panchayat Raj Department, State of Andhra Pradesh, Secretariat Buildings, Velagapudi, Guntur District. 2. The District Collector, West Godavari District, Bhimavaram. 3. The District Panchayat Officer, West Godavari District, Bhimavaram. 4. The Revenue Divisional Officer, Narsapuram Division, West Godavari District. 5. The Tahsildar, Tahsildars Office, Penumantra Mandal, West Godavari District. 6. The Assistant Executive Engineer, Irrigation Department, Marteru, Penumantra Mandal, West Godavari District. 7. The Village Revenue Officer, Velagaleru, Penumantra Mandal, West Godavari District. 8. The Panchayat Secretary, Gram Panchayat, Velagaleru, Penumantra Mandal, West Godavari District. 9. One CC to Sri Pechathy Ranga Rao, Advocate [OPUC] 10. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 11. Two CCs to GP for Panchayat Raj and Rural Development, High Court of Andhra Pradesh [OUT] 12. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] 13. Two CCs to GP for Irrigation & CAD, High Court of Andhra Pradesh [OUT] 14. Two CD Copies ssb HIGH COURT DATED:27/06/2025 3=^ ORDER WP No.15576 OF 2025 * 20AU6 20?5 ^ . CwrMl ^iacuM ^ DISPOSING OF THE W.P. WITHOUT COSTS