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2025 DAILYLAW 2543 (AP)

CHETLA PRABHUDAS v. THE STATE OF AP

WP/8898/2025 · 2025-04-07

Venkateswarlu Nimmagadda

body2025

Judgment text

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APHC010004532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY ,THE SEVENTH DAY OF APRIL TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 8898/2025 Between: Chetla Prabhudas ...PETITIONER AND The State Of Ap and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:8898/2025 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents 3 to 7 in not taking action on petitioners representation dt.25.09.2024 and 07.10.2024 for protecting four water bodies namely 1) Uracheruvu in an extent of Ac.3.70 cents in Sy.No.152 2) Teleka Cheruvu in an extent of Ac.14.72 cents in Sy.No.125, 3) Cheruvu in an extent of Ac.0.67 cents in Sy.No.124 and 4) Bogesu Cheruvu in an extent of Ac.3.11 cents in Sy.No.238 5) P.W.D Canal in Survey no.147 in an extent of Ac.0.40 cents, 6) Gedda/Canal in Survey No.307 in an extent Ac.02.64 cents, 7) Canal in Sy.No.329/7 in an extent Ac.01.52 cents, 8) Poromboke stream in Sy.No.322/2 total extent of Ac.0.76 cents, 9) Stream in Sy.No.300 in an extent Ac.0.36 cts, 10) Canal in Sy.No.301 in an extent Ac.04.50 cents, 11) Canal in Sy.No.302 in an extent of Ac.02.56 cents 12) Stream in Sy.No.305/1 in an extent Ac.28.52 cents, 13) Stream in Sy.No.311 in an extent of Ac.02.55 cents, 14) stream in Sy.No.313 in an extent of Ac.01.50 cents, 15) stream in Sy.No.297/2 total extent Ac.01.16 cents situated in Despatrunipalem Revenue Village, Parawada Mandalam, Anakapalli District as illegal, arbitrary and violative of Articles 14, 21 and 51(A)(g) of Constitution of India and pass such other order or orders ….” 2. Heard learned counsel for the petitioner and learned Government Pleader for Revenue for the respondents. 3. The claim of the petitioner herein is that the respondents herein are converting the lands/ water bodies enumerated in the prayer into other purposes contrary to the principles laid down by this Court as well as the Hon’ble Apex Court in respect of conversion of water bodies to other purposes. 4. At the time of admission, it is found that the petitioner herein is agitating the general rights rather than the individual rights in view of the settled proposition of law. It is further observed that due to conversion of the subject water bodies and not removing the encroachments upon the water bodies, as claimed by the petitioner, the petitioner himself is not aggrieved but he is canvassing that the said action of the respondents can cause environmental hazard. 5. After hearing the learned counsel for the petitioner, at the admission stage, this Court observed that the petitioner is not an aggrieved party in respect of the encroachments but is agitating general rights on behalf of the entire village and the same shall be agitated by way of filing a Public Interest Litigation (PIL). 6. Therefore, the petitioner herein is directed to initiate appropriate proceedings by way of filing a Public Interest Litigation to redress his grievance. 7. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 07.04.2025 BSP 51 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.8898 of 2025 07.04.2025 BSP