( APHC010349612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17535 OF 2025 Between: 1. Kanumuri Srinivasa Raju,, S/o. Krishnam Raju, P.S.R.Green City, Peda Amiram, Kalla aged 55 years. cultivation R/o Plot No.47, Mandal. . ...Petitioner AND 1. The State of A P, rep by its Principal Secretary Irrigation Department Secretariat (Buildings) Velagapudi, Guntur Dist. 2. The Assistant Engineer, Irrigation Section, Akiveedu, West Godavari District. I 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 one in the nature of Writ of Mandamus declaring the highhanded action of 2nd Respondent Authbrities pursuant to NOTE issued by them vide Takeedu N0./I. S. Akividu/227A, Dt.25-06-2025 trying to demolishing the Inlet pipe attached to Petitioners property aqua tank of Ac. 12-08 cts in RS.Nos.355 356-1C 356/2A and 3B 359-1A and 344/1,2,3 respectively, situated in Rajulapeta (V) Kollapanru Revenue, Akiveedu (M), West Godavari (D) contrary to orders passed in WP.No. 14179/2025, Dt.05-06-2025, is illegal, arbitrary, violative of Principles of Natural Justice apart from fundamental rights guaranteed under Article 14, 19(1)(g), 21 and 300-A of ttie Constitution of India consequently directing the 2nd Respondent not to demolishing the inlet pipe attached to Petitioners property aqua tank of Ac. 12-08 cts in RS.Nos.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 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 directing the 2nd Respondent not to demolishing inlet pipe attached to Petitioner’s property aqua tank of Ac. 12-08 cts in RS.No’s.355; 356-1C; 356/2A&3B; 359-1A and 344/1,2,3 respectively, situated in Rajulapeta (V), Kollaparru Revenue Akiveedu (M), West Godavari District pending disposal of the above Writ Petition. Counsel for the Petitioner: SRI K K DURGA PRASAD Counsel for the Respondent Nos. 1 and 2: GP FOR IRRI AND CAD Counsel for the Respondent Nos. 3 and 4: GP FOR REVENUE The Court made the following order: I & APHC010349612025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] FRIDAY,THE ELEVENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 17535/2025 Between: 1.KANUMURI SRINIVASA RAJU„ S/0. KRISHNAM RAJU, AGED 55 YEARS, CULTIVATION R/0 PLOT N0.47, P.S.R.GREEN CITY, PEDA AMIRAM, KALLA MANUAL. ...PETITIONER AND 1.THE STATE OF A P, REP BY ITE PRINCIPAL SECRETARY SECRETARIAT (BUILDINGS) VELAGAPUDI, GUNTUR DIST. 2.THE ASSISTANT ENGINEER, IRRIGATION SECTION, AKIVEEDU, WEST GODAVARI DISTRICT. 3.THE DISTRICT COLLECTOR, WEST GODAVARI DISTIICT, BHIMAVARAM. 4.THE MRO/TAHSILDAR, AKIVEEDU MANUAL, WEST GODAVARI DISTRICT. 5.GOTTUMUKKALA VENKATA SURYA SATYANARAYANA RAJU, S/0 HEMADRI RAJU, 52 YEARS, CULTIVATION. RAILWAY STATION ROAD, AKIVEEDU (V) AND (M) DEPARTMENT, IRRIGATION WEST GODAVARI DISTRICT. ...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 tomay be pleased to issue an order. Writ or Direction more particularly one in the nature of Writ of Mandamus declaring the highhanded action of 2nd Respondent Authorities pursuant to NOTE issued by them vide Takeedu N0./I. S. Akividu/227A, Dt.25-06-2025 trying to demolishing the Inlet pipe attached to Petitioners property aqua atnk of Ac. 12-08 cts in RS.Nos.355 356-1C 356/2A and 3B 359-1A and 344/1,2,3 respectively, situated in Rajulapeta (V), Kollapanru Revenue, Akiveedu (M), West Godavari (D) contrary to orders passed in WP.No. 14179/2025, Dt.05-06-2025, is illegal, arbitrary, violative of Principles of Natural Justice apart from fundamental rights guaranteed under Article 14, 19(1)(g), 21 and 300-A of ttie Constitution of India consequently directing the 2nd Respondent not to demolishing the inlet pipe attached to Petitioners property aqua atnk of Ac.12-08 cts in RS.Nos.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 pending disposal of the above Writ Petition and pass 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 may be pleased to directing the 2"^^^ Respondent not to demolishing inlet pipe attached to Petitioner’s property aqua tank of Ac. 12-08 cts in RS.No’s.355; 356-1C; 356/2A&3B: 359-1A and 344/1,2,3 respectively, situated in Rajulapeta (V), Kollaparru Revenue Akiveedu (M), West Godavari District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1.KKDURGA PRASAD Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD The Court made the following: IS HON’BLE SRI JUSTICE T.C.D. SEKHAR WP No.17535 OF 2025 ORDER:- The present writ petition is filed questioning the notice dated 25.06.2025 issued by the 2'^'^ respondent, where under the explanation of the petitioner was sought for within a 1. period of 14 days from the date of said notice alleging certain irregularities committed by the petitioner. It is further case of the petitioner that he submitted explanation on 09.07.2025 to the said show cause notice. It is further case of the petitioner that without passing orders on the explanation submitted by him, the 2"'^ respondent 2. visited the land in dispute on 09.07.2025 and tried to remove inlet pipes of aqua tank situated in an extent of Ac. 12.08 cents in RS No.355, 356-1C, 356/2A & 3B, 359-1A and 344/1,2,3 situated in Rajulapeta Village, Kollaparru Revenue, Akiveedu (M), West Godavari District. 3. On the other hand, the learned Assistant Government Pleader for Irrigation would submit that pursuant to i the order passed by this Court in Writ Petition No.14179 of 2025, the 2"^^ respondent issued notice dated 25.06.2025, in turn the petitioner offered an explanation on 09.05.2025 and the same is under consideration. 4. He would further submit that the respondent did not interfere with the acqua tank of the petitioner as alleged by him. He would further submit that steps are being taken to pass appropriate orders in the matter by duly considering the explanation dated 09.07.2025 submitted by the petitioner. In view of the submissions made by the both counsel, the present writ petition is disposed of directing the respondents not to interfere with the acqua tank of the petitioner 5. to an extent of Ac. 12.08 cents in RS No.355, 356-1C, 356/2A & 3B, 359-1A and 344/1,2,3 situated in Rajulapeta Village Kollaparru Revenue, Akiveedu (M), West Godavari District till passing of appropriate orders in pursuant to notice dated 25.06.2025. It is needless to mention that before passing such order, the 2'^'^ respondent is directed to afford opportunity to be heard by the petitioner. t- With the above directions, the writ petition is 6. disposed of. There shall be no order as to costs. As a sequel, pending applications, if any, shall stand closed. Sd/- K. TATA RAO DEPUTY REGISTRAR //TRUE COPY// 'section officer To, 1. The Principal Secretary Irrigation Department, State of A P, 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. 6. One CC to Sri. K K Durga Prasad Advocate [OPUC] 7. TwoCCsto GP for Revenue High Court of Andhra Pradesh [OUT] 8. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 9. Three CD Copies GSC w * HIGH COURT DATED: 11/07/2025 ORDER WP NO. 17535 OF 2025 2 9JUL 2025 j| ^iNftgy*wtStctioaX*^ DISPOSING THE WP WITHOUT COSTS