h X ■ APHC0103&1842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO^ WRIT PETITION NO: 20302 OF 2025 ^ Between: 1. Tatikonda Praveen, S/o. Ramamurthy, Aged 35 years, Occ Cultivation cum President of Water users Association of Saipet Tank R/o, 1-41, Saipet Village, Kondapuram Mandal, SPSR Nellore District 524239. 2. Podapati Malyadri, S/o. Kondaiah, Aged 49 years, R/o. Saipet Village, Kondapuram Mandal, SPSR Nellore District 524239. ...WRIT PETITIONERS AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Bldgs, Velagapudi, Amaravati Guntur District. 2. The District Collector, SPSR Nellore, Nellore Dist. 3. The Sub Collector, Kandukur, SPSR Nellore Dist. 4. The Thasildar, Kondapuram Mandal, SPSR Nellore District. 5. The Saipet Gram Panchayat, Rep by its Panchayath Secretary, Saipet Post, Kondapuram Mandal, SPSR Nellore Dist. 524239. 6. The Saipet Gram Panchayat, Rep by its Sarpanch, Saipet Kondapuram Mandal, SPSR Nellore Dist. 524239 7. The Asst. Executive Engineer, Irrigation Department, Kondapuram Kondapuram Mandal, SPSR Nellore District. 8. Ida Venkateswarlu, S/o. Late Chinnaiah, Aged about 59 years, Saipet Village, Kondapuram Mandal, SPSR Nellore District 524239. Post, ...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, to declare the inaction on the part of the Respondent 4/ Thasildar, Kondapuram Mandal, in taking steps for removing unauthorized encroachments and structures raised on main channel of sluice 1 of Saipet Tank, Kondapuram Mandal, SPSR Nellore District situated in Sy No. 586 and its sub divisions amounts to Articles 14 and 21 of the Constitution of No. erroneous, arbitrary and violative of India besides being violative of principles of natural justice and consequently direct the respondents 2 to 7 to remove the illegal encroachments made by the 8 respondent on Main Channel of Sluice 1 of Saipet Tank, Kondapuram Mandal, SPSR Nellore District by maintaining the channel intact forthwith in the interest of justice.-- lA NO: 1 OF 2C)9fi 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 2 to 7 to remove the illegal encroachments made by on Main Channel of Sluice 1 of Saipet Tank, Kondapuram Mandal, SPSR Nellore District by maintaining channel the respondent intact forthwith in the interest of justice. Counsel for the Petitioners: SRI T. C. KRISHNAN ^ Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent Nos.5 & 6: SRI M. SUDHIR, SC FOR ZPP MPP & GRAMPANCHAYAT Counsel for the Respondent No.7:GP FOR IRRIGATION Counsel for the Respondent No.8:- The Court made the following order: AND CAD, 4^- APHC010391842025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE FIFTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 20302 OF 2025 Between: 1. Tatikonda Praveen, S/o. Ramamurthy, Aged 35 years, Occ Cultivation cum President of Water users Association of Saipet Tank R/o, 1-41, Saipet Village, Kondapuram Mandal, SPSR Nellore District 524239. 2. Podapati Malyadri, S/o. Kondaiah, Aged 49 years, R/o. Saipet Village, Kondapuram Mandal, SPSR Nellore District 524239. ...Petitioners AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Revenue Department, Secretariat Bldgs, Velagapudi, Amaravati Guntur District. 2. The District Collector, SPSR Nellore, Nellore Dist. 3. The Sub Collector, Kandukur, SPSR Nellore Dist. 4. The Thasildar, Kondapuram Mandal, SPSR Nellore District. 2 W.P.N0.20302 5. The Saipet Gram Panchayat, Rep by its Panchayalh Secretary Saipet Post, Kondapuram Mandal, 6. The Saipet Gram Panchayat, Rep by Post, Kondapuram Mandal, SPSR Neflore The Asst Executive SPSR Nellore Dist. 524239. its Sarpanch, Saipet Dist. 524239 Engineer, Irrigation Department, Kondapuram Kondapuram Mandal, SPSR Nellore District. 8. Ida Venkateswarlu, S/o. Late Chinnaiah, Saipet Village, 524239. 7. Aged about 59 years, Nellore District Kondapuram Mandal, SPSR ...Respondents Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit fiied therewith, the High Court may be pleased topleased Direction to issue a Writ, Order or more particularly one in the nature of Writ Mandamus, to declare the i of inaction on the part of the Respondent No. 4/ Thasildar, Kondapuram Mandal, iin taking steps for structures raised removing unauthorized encroachments and main channel of sluice 1 of Saipet Tank, Kondapuram Mandal SPSR Nellore District situated in Sy No. 586 and its sub divisions amounts to erroneous, arbitrary and violative 21 of the Constitution of on of Articles 14 and India besides being violative of principles of natural justice respondents 2 to 7 to and consequently direct the remove the illegal encroachments made by the 8th respondent on Main Channel of Sluice 1 Kondapuram Mandal, SPSR Nellore District [ channel intact forthwith in the interest of justice and to of Saipet Tank by maintaining the pass lA NO: 1 OF 3 TRR,J W.P.NO.20302 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 pleased to direct the respondents 2 to 7 to remove the illegal encroachments made by the respondent on Main Channel of Sluice 1 of Saipet Tank, Kondapuram Mandal, SPSR Nellore District by maintaining channel intact forthwith in the interest of justice and to pass I Counsel for the Petitioners: T C KRISHNAN Counsel for the Respondents: GP FOR REVENUE Counsel for the Respondents:GP FOR IRRI AND CAD The Court made the following order: 4 TRR,J W.P.N0.20302 0F 2025 ORDER: Pithily this writ petition is filed on the grounds that a representation was made to the authorities via Meeseva, but it was not addressed. Therefore, it is urged that the respondents be directed to address the representation, as such direction would suffice in the circumstances of the case. 2. In the judgment of Hon’ble Apex Court in The Government of India vs P. Venkatesh reported in (2019) 15 SCC 613 held that: Dispose of the representation’ mantra is increasingly permeating the judicial process in the High Courts and the Tribunals. Such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not service to the cause of justice. The litigant is back again before the Court, as this case shows, having incurred attendant costs and suffered delays of the legal process. This would have been obviated by calling for a counter in the first instance, thereby resulting in finality to the dispute. This Court is not oblivious of the fact that a Court to authorities, before directing "consideration" of a claim or representation should examine whether the claim or representation is with reference to a "live" issue or whether it is with reference to a "dead" or "stale" issue. If it is with reference to a "dead" or "stale" issue or dispute, the Court/tribunal should put an end to the matter and should not direct consideration or reconsideration. If the Court to tribunal deciding to direct "consideration" without itself examining the merits, it should make it clear that such consideration will be without prejudice to any contention relating to limitation or delay and laches. Even if the 3. W.P.N0.20302 court does not expressly say and effect." 4. Disposal of proceedings by directing consideration of easy disposal of cases i but such orders do justice. so, that would be the legal position seemingly innocuous orders representation though result in quick or - in overburdened adjudicatory institutions more disservice than service to the cause of 5. However, the respondent i representation dated 02.06.2025 is directed that the petitioner's must be considered by the respondents, examined thoroughly, issue orders accordingly, and communicate the decision given to the petitioner. It saying that the entire process will be goes without completed within six weeks from the date the order is received. 6. Accordingly, the writ petition no order as to costs. As a sequel, interlocutory applications, this Writ Petition shall stand closed. is disposed of. There shall be if any pending in Sd/- M RAMESH BABU DEPUTY REGISTER //TRUE COPY// SECTION OFFICER To, 1 The Principal Secretary, Revenue Department, State of Pradesh, Secretariat Bldgs, Velagapudi, Amaravati Guntur District 2. The District Collector, SPSR Nellore, Nellore Dist. 3. The Sub Collector, Kandukur, SPSR 4. The Thasildar, Kondapuram Mandal, SPSR 5. The Saipet Gram Panchayat, Panchayath Secretary, Saipet Post, Kondapuram Mandal, SPSR Nellore Andhra Nellore Dist. Nellore District. Dist. 524239. 6. The Sarpanch, Saipet Gram Panchayat, Saipet Post, Kondapuram Mandal, SPSR Nellore Dist. 524239 7. The Asst. Executive Engineer, Irrigation Department, Kondapuram Kondapuram Mandal, SPSR Nellore District. 8. One CC to Sri T. C. Krishnan, Advocate [OPUC}^ 9. One CC to Sri M. Sudhir, SC for ZPP, MPP & Gram Panchayat[OPUC] 10. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT"^ 11. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 12. Two CD Copies. ssb HIGH COURT DATED:05/08/2025 ORDER WP No. 20302 OF 2025 ^ 0 3 SEP 2025 , ntSecti#jp^5 Co ll DISPOSING OF THE W.P. WITHOUT COSTS