Extracted from the PDF above. The PDF is authoritative.
5 XT S» APHC010376912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) / i m Wm o \o .Oi WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19005 OF 2025 /' Between: Arekanti Raju, S/o Rogannai, Aged about 40 years, R/o D.No.2-189-1 S.C. Street, yenugubala, village, Yemmiganuru, Mandal, Kurnool district Enigabala, Po; Enigabala ...Petitioner AND
1. The State of Andhra Pradesh, rep by its Principal Secretary, Department of Panchayat Secretary, Secretariat Building, Velagapudi, Amaravathi Andhra Pradesh. 2. The District Collector, Kurnool, Kurnool District, Andhra Pradesh. 3. District Panchayat Officer DPO, Kurnool district AP, Emmiganuru mandal, Kurnool district, Andhra Pradesh. 4. District Level Panchayat officer DLPO, Adoni Division Kurnool district AP, Emmiganuru mandal, Kurnool district, Andhra Pradesh. 5. The Mandal Parishad Development Officer MPDO, Emmiganuru Mandal, Kurnool district, Andhra Pradesh. 6. The Extension Officer, Panchayat raj and Rural Development, MPDO Office, Emmigunur Mandal, Kurnool district, Andhra Pradesh. Emmiganuru mandal. 7. The Panchayat Secretary, yenugubala, village, Kurnool district, Andhra Pradesh. ...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 respondent No.2 to 7 in not taking the action on petitioners representation dated 5.6.2025 to the 7th respondent as it is illegal, arbitrary and violative of articles 14, 16 and 21 and 300A of constitution of India and also direct the respondent no. 2 to 7 and with their cumulative action on the issue public drainage came to functional without further issues. 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 direct the respondents no. 2 to 7 to consider the Representation s dated 05.06.2025 pending disposal of Writ Petition. Counsel for the Petitioner: SRI SUGALI MAHESH NAIK Counsel for the Respondent Nos.
1 to 4: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondent Nos.5 to 7: SRI M SUDHIR SC FOR ZPP, MPPANDGP The Court made the following order: r'"
APHC010376912025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY THIRD DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19005/2025 Between: Arekanti Raju ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner:
1.SUGALI MAHESH NAIK Counsel for the Respondent(S):
1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following:
•m 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19005/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- pleased to Issue a writ,
order or direction more particularly one in the nature of Writ of mandamus declaring the action of respondent Nos. 2 to 7 In not taking the action on petitioners representation, dated 5.6.2025 to the 7 respondent as It is Illegal, arbitrary and violative of articles 14, 16 and 21 and 300-A of constitution of India and also direct Respondent nos. 2 to 7 and with their cumulative action on the issue public drainage came to functional without further issues and pass such.” ■th
2. Heard the learned counsel for the petitioner, learned Government Pleader for Panchayat Raj and Rural Development and Sri M.Sudhir, learned Standing Counsel appearing for Respondent Nos.5 to 7.
3.
Learned counsel for the petitioner submits that the petitioner herein is the owner of the house property bearing D.No.2-189-1, S.C street, Yenugubala Village, Yemmiganuru Mandal, Kurnool District, which is having an attached drainage canal. While so, the said drainage canal was closed by filling it with a tractor load of sand by one Shedrik and his family relatives due to personal rivalries. Despite making several representations to the respondent authorities for removal of the obstruction, no action was taken. Hence, the petitioner submitted a written representation, dated 05.06.2025 to the Commissioner of Panchayat Raj for redressal of his grievance. But, no action has been taken. Having left with no other action, the petitioner has filed the present Writ Petition.
m 3 4 On the other hand, learned Government Pleader for Panchayat Raj and Rural Development and the learned Standing Counsel for Respondent Nos.5 to 7 submits that if the petitioner would submit appropriate representation to the concerned authority i.e., 7’^ respondent herein they will consider the same and pass appropriate orders. Considering the submissions of both the learned counsels, this Court is of the considered view that the 7^^ respondent has to look after the entire drainage system within the jurisdiction of the Panchayat area and if any grievance or complaint was received from any house owners regarding drainage facility, the 7‘^ respondent has to consider the same, in accordance with law, basing on availability of funds on it. i
5.
6. Therefore, the petitioner is hereby directed to submit a detailed representation to Respondent Nos.6 & 7 ventilating his grievance within a period of two (02) weeks from the date of receipt of a copy of this order. On such submission, the Respondent Nos.6 and 7 are hereby
directed to consider the same and pass appropriate orders within a period of four (04) weeks thereafter.
7. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed.
Sd/- KJ.RAJA BABU ASSISTANT REGISTRAR //TRUE COPY// SECT ON OFFICER To,
1. The Principal Secretary, Department of Panchayat Secretary, State of Andhra Pradesh, Secretariat Building, Velagapudi, Amaravathi Andhra Pradesh.
2. The District Collector, Kurnool, Kurnool District, Andhra Pradesh. y
3. The District Panchayat Officer DPO, Kurnool district AP, Emmiganuru Mandal, Kurnool district, Andhra Pradesh.
4. District Level Panchayat officer DLPO, Adoni Division Kurnool district AP, Emmiganuru mandal, Kurnool district, Andhra Pradesh.
5. The Mandal Parishad Development Officer MPDO, Emmiganuru Mandal, Kurnool district, Andhra Pradesh.
6. The Extension Officer, Panchayat raj and Rural Development, MPDO Office, Emmigunur Mandal, Kurnool district, Andhra Pradesh.
7. The Panchayat Secretary, Yenugubala, village, Emmiganuru Mandal, Kurnool district, Andhra Pradesh.
8. One CC to Sri. Sugali Mahesh Naik Advocate [OPUC]
9. One CC to Sri. M Sudhir SC for ZPP, MPP and GP [OPUC] Two CCs to GP for Panchayat raj Rural Dev High Court of Andhra Pradesh [OUT] Two CD Copies t
10.
11. GSC
HIGH COURT DATED:23/07/2025
ORDER WP NO. 19005 OF 2025 ![ 1 1 AUG 2025 m DISPOSING THE WP WITHOUT COSTS