Research › Search › Judgment

High Court of Andhra Pradesh · body

2025 DAILYLAW 25774 (AP)

Arigala Dinesh Chandranath v. The State of Andhra Pradesh

WP/16947/2018 · 2025-09-02

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010364382018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16947 OF 2018 Between: 1. Arigala Dinesh Chandranath, S/o Late Eswaraiah, aged about 47 years, Occ. Agriculture, R/o 8/52, Down Street, Nandalur, Kadapa District. 2. Syed Ameer, S/o Abbas Ali, aged about 40 years, Occ. Agriculture, R/o 12/107, Nagireddipally Nandalur, Kadapa District 3. Patan Mansoor Ali Khan, S/o Patan Mohd. Khan, aged about 40 years, Occ. Agriculture, R/o 6/62, Petagadda Street, Nandalur, Kadapa District. 4. Syed Ansar Basha, S/o Shaik Khadar Vali, aged about 50 years, Occ. Agriculture, R/o 12/91-A, R.S. Road, Arvapalli, Nagireddipalli, Nandalur, Kadapa District. 5. Chalapati Narsimhulu, S/o Chalapati Rangaiahsetty aged about 40 years, Occ. Agriculture, R/o 12-138-C, D.M.O .Road, Nagireddipally, Nandalur, Kadapa District. 6. Gopineni Hima Girinath Yadav, S/o Kondaiah, aged about 39 years, Occ. Agriculture, R/o 1-90, Gollapalli, Nagireddipally, Nandalur, Kadapa District. 7. Mohd. Ghouse Baig, S/o Late Mohammed Salar Baig, aged about 50 years, Occ. Agriculture, R/o 2-203, Arvapalli, Nandalur, Kadapa District. 8. Bhusetty Venkata Subbaiah, S/o Venkataiah, aged about 47 years, Occ. Agriculture,R/o 3-14-A, Brahmin Street,Nandalur, Kadapa District. 9. Shaik Khaja Peer, S/o Shaik Hussain Peer, aged about 57 Occ. Agriculture, R/o 1/55-1, Gollapalli,Nandalur, Kadapa District. Kommuru Shavali, S/o Kommuru Ismail Saheb, aged about 42 years, Occ. Agriculture, Nandalur, Kadapa District. years. 10. R/o 3/33-1, Main Road, Tangaturu, 11. Shaik Mahboob, S/o Shaik Ibrahim, aged about 57 years, Occ. Agriculture,R/o 5/21, Mosque Street, Nandalur, Kadapa District. Nattwa Venkata Rao, S/o Subabarayudu aged about 50 12. years, Occ. Agriculture, R/o 4/151, R.S.Road, Arvapalli, Nagireddipally . Nandalur, Kadapa District. 13. Rapuru Narsimhulu, S/o Nagaiah, aged about 52 years, Occ. Agriculture,R/o 6/4A, Harijana wada, Patur Nandalur District. Kadapa 14. Sampati Hari Babu, S/o Venkatasubbaiah, aged about 40 years, Occ. Agriculture, R/o 1/147, Gollapalli, Nagireddipally, Nandalur, Kadapa District. 15. Gobbilla Suresh Babu, S/o Chenchaiah, aged about 27 Occ. Agriculture, R/o 1/109, Gollapalli, Nagireddipally, Nandalur Kadapa District. years. 16. Angela Rakesh, S/o Eswaraiah, aged about 44 years, Occ. Agriculture, R/o 8/25-1, Down Street, Nandalur, Kadapa District. 17. Akula Nagesham, S/o Late Akula China Subbaiah, aged about 62 years, Occ. Agriculture,R/o 5/56-1, Jangam Street, Nandalur, Kadapa District. 18. Dara Sudhakar, S/o Dara Subbarayudu, aged about 33 Occ. Agriculture, R/o 9156-1, Down Street, Harijanawada, Nandalur, Kadapa District. years I'y-'X. 19. Jinka Subrahmanyam, S/o Late Seshanna, aged about 53 years, Occ. Agriculture, R/o 8/42-4, Brahmin Street, Nandalur, Kadapa District. Paluboina Chinna Penchalaiah, S/o Narsimhulu, aged about 40 years, Occ. Agriculture, R/o 8/49-3, Bestha Street, Nandalur, Kadapa District. 21. Arigala Sai Nath Royal, S/o Mahesh Chandranath aged about 23 years, Occ. Agriculture, R/o 8/52, Down Street, Nandalur, Kadapa District. 22. Pittala Narsimhulu, S/o Venkataramanaiah, aged about 50 years, Occ. Agriculture, Rio 8/42-1, Bestha Street, Nandalur, Kadapa District. 23. Pittala Subbanarsaiah, S/o Narsimhulu, aged about 44 years, Occ. Agriculture, R/o 8/38, Down Street,Nandalur, Kadapa District. 20. ...Petitioners AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Irrigation Department, Secretariat, Velagapudi, Amaravathi, A.P. 2. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi, A.P. 3. The Chief Engineer IV, NABARD, Rural Water Supply and Sanitation Department, A.P. Vijayawada. 4. The District Collector, Kadapa District at Kadapa 5. The Tahsildar, Nandalur Mandal, Kadapa District. 6. M/s GPR Infra, Represented by its G.Prabhakar, Office at 10-3-316, Plot No. 2014, 2nd floor, Gul Mohar Gardens, 0pp. NMDC,Masab Tank, Hyderabad. Managing Partner Mr. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in not considering the representations of the petitioners dated 26.03.2018 and 03.04.2018 for implementation of the drinking water supply scheme by pumping the waters from Cheyyuru river Nandalur, Nagireddipally villages to Chintarajupalli and 25 other villages of Vontimitta Mandal as the same is Effecting the fertile lands of the petitioners Nandalur village, Kadapa district as illegal, unilateral, arbitrary, violation of Article 21 of the Constitution of India and against principles of natural justice and set aside the G.O.Ms.No. 883, Panchayat Raj and Rural Development (RWS-II) Department dated 25.10.20156in so far as item No. 10 affecting the fertile petitionersand pass / lA NO: 1 OF 2018 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 stay all further proceedings in irnplementation of item No. 10, i.e., CPWS Scheme to Chintarajupalli and 25 other habitations of Vontimitta Mandal vide G.O.Ms.No. 883, Panchayat Raj and Rural Development (RWS-II) Department dated 25.10.2016 pending disposal of the main petition. Counsel for the Petitioners: SRI N ASHWANI KUMAR Counsel for the Respondent Nos.1,3,4: GP FOR IRRI AND CAD (AP) Counsel for the Respondent No.2: GP FOR PANCHAYAT RAJ RURAL PEV (AP) Counsel for the Respondent No.5: GP FOR REVENUE Counsel for the Respondent No.6: SRI S DUSHYANTH REDDY The Court made the following order: APHC010364382018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16947/?ni« [3333] Between: 1. ARIGALA DINESH CHANDRANATH, s/0 LATE ESWARAIAH ABOUT 47 YEARS, OCC. AGRICU STREET, NANDALUR, KADAPA DISTRICT. 2. SYED AMEER, S/0 ABBAS ALI, AGED ABOUT 40 YEARS AGRICULTURE, T KADAPA DISTRICT. 3. PATAN MANSOOR ALI KHAN, S/0 PATAN MOHD. ABOUT 40 YEARS, OCC. AGRICULTURE, STREET, NANDALUR, KADAPA DISTRICT. , AGED R/'O 8/52, DOWN I Tl I U I L-/ RE, OCC. R/0 12/107, NAGIREDDIPALLY NANDALUR, KHAN, AGED R/0 6/62, PETAGADDA 4. SYED ANSAR BASHA, S/0 SHAIK KHADAR VALI, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/0 12/91-A ARVAPALLI, NAGIREDDIPALLI, NANDALUR, KADAPA DISTRICT. 5. CHALAPATI NARSIMHULU, S/0 CHALAPATI f AGED ABOUT 40 YEARS, OCC. AGRICULTURE, R/0 12-138-C D.M.O .ROAD, NAGIREDDIPALLY, NANDALUR, KADAPA DISTRICT.' RANGAIAHSETTY 6. GOPINENI HIMA GIRINATH YADAV, S/0 KONDAIAH, AGED ABOUT 39 YEARS, OCC. AGRICULTURE, NAGIREDDIPALLY, NANDALUR, KADAPA DISTRICT. R/O 1-90, GOLLAPALLI, 7. MOHD. GHOUSE BAIG, S/0 LATE MOHAMMED AGED ABOUT 50 YEARS, OCC. AGRICULTURE, ARVAPALLI, NANDALUR, KADAPA DISTRICT. 8. BHUSETTY VENKATA SUBBAIAH, SALAR BAIG, R/O 2-203, S/0 VENKATAIAH, AGED 2 W.P.N0.16947 OF 2018 ABOUT 47 YEARS, OCC. AGRICULTURE,R/0 3-14-A, BRAHMIN STREET,NANDALUR, KADAPA DISTRICT. 9. SHAIK KHAJA PEER, S/0 SHAIK HUSSAIN PEER, AGED ABOUT 57 AGRICULTURE, YEARS, GOLLAPALLI,NANDALUR, KADAPA DISTRICT. OCC. R/0 1/55-1, 10.KOMMURU SHAVALI, S/0 KOMMURU ISMAIL SAHEB, AGED ABOUT 42 YEARS, OCC. AGRICULTURE, R/0 3/33-1, MAIN ROAD, TANGATURU, NANDALUR, KADAPA DISTRICT. 11.SHAIK MAHBOOB, S/0 SHAIK IBRAHIM, AGED ABOUT 57 YEARS, OCC. AGRICULTURE,R/0 5/21, MOSQUE STREET, NANDALUR, KADAPA DISTRICT. 12.NATTWA VENKATA RAO, S/0 SUBABARAYUDU AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/0 4/151, R.S.ROAD, ARVAPALLI, NAGIREDDIPALLY, NANDALUR, KADAPA DISTRICT. 13.RAPURU NARSIMHULU, S/0 NAGAIAH, AGED ABOUT 52 YEARS, OCC. AGRICULTURE,R/0 6/4A, HARIJANA WADA, PATUR NANDALUR, KADAPA DISTRICT. 14.SAMPATI HARI BABU, S/0 VENKATASUBBAIAH, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, R/0 1/147, GOLLAPALLI, NAGIREDDIPALLY, NANDALUR, KADAPA DISTRICT. 15.GOBBILLA SURESH BABU, S/0 CHENCHAIAH, AGED ABOUT 27 YEARS, OCC. AGRICULTURE, R/0 1/109, GOLLAPALLI, NAGIREDDIPALLY, NANDALUR, KADAPA DISTRICT. 16.ARIGELA RAKESH, S/0 ESWARAIAH, AGED ABOUT 44 YEARS, OCC. AGRICULTURE, R/0 8/25-1, DOWN STREET, NANDALUR, KADAPA DISTRICT. 17.AKULA NAGESHAM, S/0 LATE AKULA CHINA SUBBAIAH, AGED ABOUT 62 YEARS, OCC. AGRICULTURE,R/0 5/56-1, JANGAM STREET, NANDALUR, KADAPA DISTRICT. 18.DARA SUDHAKAR, S/0 DARA SUBBARAYUDU, AGED ABOUT 33 YEARS, OCC. AGRICULTURE, R/0 9156-1, DOWN STREET, HARIJANAWADA, NANDALUR, KADAPA DISTRICT. 19.JINKA SUBRAHMANYAM, S/0 LATE SESHANNA, AGED ABOUT 53 3 VS,J W.P.NO.16947OF2018 YEARS, OCC. AGRICULTURE, R/0 8/42-4, BRAHMIN STREET, NANDALUR, KADAPA DISTRICT. 20.PALUBOINA CHINNA PENCHALAIAH, S/0 NARSIMHULU, AGED ABOUT 40 YEARS, OCC. AGRICULTURE, R/0 8/49-3, BESTHA STREET, NANDALUR, KADAPA DISTRICT. 21.ARIGALA SAI NATH ROYAL, S/0 MAHESH CHANDRANATH AGED R/0 8/52, DOWN ABOUT 23 YEARS, OCC. AGRICULTURE STREET, NANDALUR, KADAPA DISTRICT. 22.PITTALA NARSIMHULU, S/0 VENKATARAMANAIAH, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, RIO 8/42-1, BESTHA STREET, NANDALUR, KADAPA DISTRICT. 23.PITTALA SUBBANARSAIAH, S/0 NARSIMHULU, AGED ABOUT 44 YEARS, OCC. AGRICULTURE, R/0 8/38, DOWN STREET,NANDALUR, KADAPA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT. IRRIGATION DEPARTMENT, SECRETARY, VELAGAPUDI, AMARAVATHI, A.P. 2.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, A.P. 3.THE CHIEF ENGINEERIV, NABARD, RURAL WATER SUPPLY AND SANITATION DEPARTMENT, A.P. VIJAYAWADA. 4.THE DISTRICT COLLECTOR, KADAPA DISTRICT AT KADAPA 5.THE TAHSILDAR, NANDALUR MANUAL, KADAPA DISTRICT. 6. M/S GPR INFRA. REPRESENTED BY ITS MANAGING PARTNER MR. G.PRABHAKAR, OFFICE AT 10-3-316, PLOT NO. 2014, 2ND FLOOR. GUL MOHAR GARDENS, OPP. NMDC.MASAB TANK, HYDERABAD. ...RESPONDENT(S): VS'n Petition under Articie 226 of the Constitution of India pra;;n7?hS"n le" c rcumstances stated in the affidavit filed therewith, the High Court may be 0 Wri? O ° M^nd ^ P^rti-^tilarly one in the nature f Writ Of Mandamus declaring the action of the respondents in not 0^0^4 2078 the petitioners dated 26.03.2018 and 03.04.2018 for implementation of the drinking water supply scheme P mping the waters from Cheyyuru river Nandalur, Nagireddipally villages Chintarajupalli and 25 other villages of Vontimitta Mandal as the same is effecting the fertile lands of the petitioners Nandalur village. Kadapa district Hlegal. unilateral, arbitrary, violation of Article 21 of the ConstituLn of India Pathf'T ^nd set aside the G.O.Ms No Panchayat Raj and Rural “ 25.10.20156in so far \ by to as 883. Development (RWS-II) Department as Item No. 10 affecting the fertile petitioners and dated pass lA NO: 1 OF ?ni« in the'affidrvitTed iffI “rcumstances stated in the aff^avit filed in support of the petition, the High Court may be oleased to tay all further proceedings in implementation of item No 10 ie CPWS “rfo Vontimfa flafdfvTd! Department dated 25.10.2016 pending disposal of the main p^Z arldTaZ Counsel for the Petltioner(S): 1.N ASHWANI KUMAR Counsel for the Respondent(S): 1.S DUSHYANTH REDDY 2.GP FOR IRRI and CAD (AP) 3.GP FOR PANCHAYAT RAJ The Court made the following: rural DEV (AP) 5 VS,J W.P.NO.16947OF2018 ORDER:- The writ petition is filed questioning the action of the respondents in not considering the representations made by the petitioners dated 26.03.2018, 03.04.2018 for implementation of the drinking water supply scheme by pumping the waters from Cheyyuru River Nandalur. Nagireddipally villages to Chintarajupalli and 25 others villages of Vontimitta Mandal as the same is effecting the fertile lands of the petitioners. 2. On 08.06.2018. pending writ petition, the petitioners have once again submitted a representation to the District Collector/4'' respondent herein for the same relief as made in the earlier representations and no orders has been passed. Assailing the same, the writ petition is filed. learned counsel for the petitioners and learned Assistant Heard Government Pleader for Irrigation as well as Panchayat Raj. 3. into the merits of the case, this Court feels it appropriate to dispose of the writ petition by directing the 4" respondent to pass appropriate orders on the representations dated 26.03.2018, 03.04.2018 and 08.06.2018 submitted by the petitioners in accordance with law, within a period of six (06) weeks from the date of receipt of a copy of this order. There shall be no order as to costs. Miscellaneous petitions pending, if any 4. In spite of going in this Writ Petition shall stand closed. Sd/^ B. PRASADA RAO assistant registrar //TRUE COPY// SECTION OFFICER To, Secretariat, Irrigation Department 1. The Principal Secretary, Velagapudi, Amaravathi, A.P. 2. The Principal Secretary, Panchayat Raj and Rural Development Department, Secretariat, Velagapudi, Amaravathi. A.P. 3. The Chief EngineerlV NABARD, Rural Water Supply and Sanitation Department, A.P. Vijayawada. ' 4. The District Collector, Kadapa District at Kadapa 5. The Tahsildar, Nandalur Mandal, Kadapa District. 6. One CC to Sri. N Ashwani Kumar Advocate [OPUC] 7. One CC to Sri. S Dushyanth Reddy Advocate [OPUC] 8. Two CCs to GP FOR IRRI AND CAD (AP) High Court of Andhra Pradesh [OUT] 9. Two CCs to GP FOR PANCHAYAT RAJ Court of Andhra Pradesh [OUT] Two CCs to GP For Revenue, High Court of Andhra Pradesh RURAL DEV (AP) High 10. [OUT], 11. Two CD Copies. AL HIGH COURT DATED;03/09/2025 ORDER WP NO. 16947 OF 2018 DISPOSING OF THE W.P. WITHOUT COSTS