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2025 DAILYLAW 32291 (AP)

HANDYALA VARALAKSHMI v. THE STATE OF ANDHRA PRADESH

WP/24125/2025 · 2025-09-11

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010475252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI - ^ (Special Original Jurisdiction) 7 OL FRIDAY,THE TWELFTH DAY OF SEPTEMBER ^ TWOTHOUSAND AND TWENTY FIVE ^ PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24125 OF 2025 Between: Handyala Varalakshmi, W/o H. Govardhan Reddy, Aged about 37 yrs, Occ Agriculture, R/o H.No.20/75-10, Near G.G.H. School, Adoni, Kurnool District ...PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayatraj Department Secretariat, Velagapudi Amaravathi, Guntur District 2. The District Collector, Kurnool, Kurnool District 3. The Sub-Collector, Adoni, Kurnool District 4. The Executive Engineer, Panchayatraj Department, District 5. The Mandigiri Grampanchayat, Rept. By its Panchayat Secretary Mandigiri village, Adoni mandal, Kurnool District 6. The Tahsildar, Adoni Mandal, Kurnool District Adoni, Kurnool ...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 writ of Mandamus to declare the action of the respondents of more / particularly respondent Nos.4 and 5 in trying to dig the drainage channel through petitioners land extent Ac.1.99 cts situated in Sy.No.750-B5 of Mandigiri village, Adoni mandal, Kurnool District without following due process of law as arbitrary, illegal, highhanded and also violative of Articles 14, 21 & 300-A of the Constitution of India and consequently direct the respondents not to interfere with the petitioners land extent Ac.1.99cts situated in Sy.No.750-B5 of Mandigiri village, Adoni mandal, Kurnool District. 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 not to interfere with the petitioners land extent Ac.1.99 cts situated in Sy.No.750-B5 of Mandigiri village, Adoni mandal, Kurnool District without following due process of law pending disposal of the Writ Petition. Counsel for the Petitioner: B SARVOTHAM REDDY Counsel for the Respondent Nos.1 & 4: GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2,3 & 6:GP FOR REVENUE Counsel for the Respondent No.5:SRI M. SUDHIR, SC FOR Z.P. M.P.Ps, GRAM PANCHAYATS Ps, The Court made the following order: APHC010475252025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWELFTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24125/2025 Between: 1.HANDYALA VARALAKSHMI, W/0 H. GOVARDHAN REDDY AGED ABOUT 37YRS, OCC AGRICULTURE R/0 H.NO.20/75-10, NEAR G.G.H. SCHOOL ADONI, KURNOOL DISTRICT ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYATRAJ DEPARTMENT SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT ' 2.THE DISTRICT COLLECTOR, THE DISTRICT COLLECTOR KURNOOL, KURNOOL DISTRICT 3) 3.THE SUBCOLLECTOR, ADONI, KURNOOL DISTRICT 4) 4.THE EXECUTIVE ENGINEER, PANCHAYATRAJ DEPARTMENT ADONI, KURNOOL DISTRICT 5) 5.THE MANDIGIRI GRAMPANCHAYAT, REPT. BY ITS PANCHAYAT SECRETARY MANDIGIRI VILLAGE, ADONI MANDAL KURNOOL DISTRICT 6) 6.THE TAHSILDAR, ADONI MANDAL, KURNOOL 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 topleased to issue a writ, order or direction more particularly one in 2 the nature of writ of Mandamus to declare the action of the particularly respondent Nos.4 and 5 through petitioners land Mandigiri village, Adoni respondents more channel Sy.No.750-B5 of without following due and also violative of Articles trying to dig the drainage extent Ac.1.99cts situated i mandal, Kurnool District process of law as arbitrary, illegal, highhanded , 21 300-A of the Constitution respondents not to interfere with situated in Sy.No.750-B5 of and pass in of India and consequently direct the J extent Ac.1.99cts mandal, Kurnool District the petitioners land Mandigiri village, Adoni lA NO: 1 OF ?()9R mandal, Kurnool District disposal of the Writ Petition stated may be pleased petitioners land Mandigiri village, Adoni without following due and pass process of law pending Counsel for the Petitioner: 1.B SARVOTHAM REDDY Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL 2.GP FOR REVENUE DEV The Court made the following: ^ F 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 24125/2025 ORDER; This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one In the nature of Writ of Mandamus declare the action of the respondents more particularly respondent Nos. 4 and 5 in trying to dig the drainage channel through petitioner’s land extent Ac. 1.99 cts situated in Sy.No.750-B5 of Mandigiri Village, Adoni Mandal, Kurnool District without following due process of law as arbitrary, illegal, highhanded and also violative of Articles 14, 21 300-A of the Constitution of India and consequently direct the respondents not to Interfere with the petitioner’s land extent Ac. 1.99 cts situated in Sy.No.750-B5 of Mandigiri Village, Adoni Mandal, Kurnool District and pass such other order. ” 2. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent No.5 and the learned Government Pleader for the other respondents. 3. Learned counsel for the petitioner submits that the petitioner purchased the agricultural land admeasuring to an extent of Ac.1.99 cents situated in Sy.No.750-B5 of Mandigiri Village, Adoni Mandal, Kurnool District through a registered sale deed dated 10.02.2020. Thereafter, the name of the petitioner was mutated in the revenue records. Due to the heavy rainfall in the region, the rain water has been stagnated in certain fields. Without consent of the farmers, the 4*^ respondent highhandedly trying to dig a drainage \ 4 canal beneath the road enabling stagnated water to flow through the petitioner’s land and also trying to lay the drainage channel through the petitioner’s land, without following due process of law. Hence, the Writ Petition. 4. Learned Government Pleader and the learned Standing Counsel appearing for the respondents submits that, respondents intend to dig the drainage channel through the petitioners land, the respondents would follow due process of law. 5. Having regard to the submissions made by both the learned counsel and on perusal of the material placed on record, this Court deems it appropriate to dispose of the Writ Petition directing the respondents not interfere and not to dig drainage channel through the petitioner’s land, without following due process of law. 6. With the above direction, the Writ Petition is disposed of. There shall be no order as to costs. if the As a sequel miscellaneous application, pending, if any, shall also stand closed. / Sd/- K. SRINIVASA RAJU ASSISTANT REGISTRAR ' SECTION OFFICER / //TRUE COPY// To. 1. The Principal Secretary, Panchayatraj Department, State of Andhra Pradesh, Secretariat, Velagapudi Amaravathi, Guntur District 2. The District Collector, Kurnool, Kurnool District 3. The Sub-Collector, Adoni, Kurnool District 4. The Executive Engineer, Panchayatraj Department, Adoni, Kurnool \ 5. The Panchayat Secretary, Mandigiri Grampanchayat village, Adoni mandal, Kurnool District 6. The Tahsildar, Adoni Mandal, Kurnool District 7. One CC to Sri B. Sarvotham Reddy, Advocate [OPUC] 8. One CC to Sri M. Sudhir, SC for Z.P.Ps, M.P.Ps [OPUC] 9, Two CCs to GP for Panchayat Raj and Rural Development, Court of Andhra Pradesh [OUT] 10. Two CCs to GP for Revenue, High Court of Andhra 11. Two CD Copies. Mandigiri Gram Panchayats High Pradesh [OUT] ssb m HIGH COURT \ DATED:12/09/2025 ORDER WP No. 24125 OF 2025 19 SEP 2025 ''“rTentS«ctiqa.^ *,■ o. Co O! DISPOSING OF THE W.P. WITHOUT COSTS