f APHC010767862016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB WEDNESDAY,THE TENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE DHIRAJ SINGH THAKUR, THE CHIEF JUSTICE AND HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 172 OF 2016 Between: 1. Ala Venkatasubbaiah, S/o.Apparao, aged about 40 years, Occ: Agriculture, R/o.H.No.1-90, Pothuru Village & mandal, Guntur, Guntur District. Mobile No. 8143979773 SB A/d.No.148310100054309, Andhra Bank, R.V.R. College Branch, Chowdavaram, Guntur Guntur District. 2. Mandava Srinivasa Rao, S/o.Subba Rao, aged about 50 years, Occ: Agriculture, R/o.H.No.3-89/A, Pothuru Village & mandal, Guntur, Guntur District. 3. Mandhadi Shoban Babu, S/o.Prasad, aged about 41 years, Occ: Agriculture, R/o.H.No.2-36/3, Pothuru Village & mandal, Guntur, Guntur District. 4. Gandikota Rosaiah, S/o.Sambaiah, aged about 41 years, Occ: Agriculture, R/o.H.No.1-104, Pothuru Village & mandal, Guntur, Guntur District. 5. Meda Venkata Rao, S/o.Koteswara Rao, aged about 62 years, Occ: Agriculture, R/o. H.No.1-63, Pothuru Village & mandal, Guntur, Guntur District. r 6. Mupparaju Sambasiva Rao, S/o.Thirupathaiah aged About 56 years, Occ: Agriculture & Ex-sarpanch R/o.H.No.3-71, Pothuru Village & Mandal, Guntur, Guntur District. 7. Reddy Sambaiah S/o.Venkaiah, aged about 60 Agriculture, R/o.H.No.2-10, Pothuru Village & Mandal, District. years, OCC; Guntur, Guntur 8. Kagga Desangi Rad, S/o.Kotaiah Agriculture, R/o.H.No.2-12/3, Pothuru Village & Mandal District. 9. Gattupalli Srinivasa Rao, S/o.Polaiah, aged about 50 years, Occ: Business in Kirana & Ex.Grama Committee Member R/o.H.No.2-13, Pothuru Village & Mandal, Guntur, Guntur District. 10. Mupparaju Veeraiah, S/o.Srinivasa Rao, Agriculture, R/o.H.No.3-83, Pothuru Village District aged about 65 years, Occ; Guntur, Guntur aged about 48 years, Occ; & Mandal, Guntur, Guntur ...Petitioners AND 1 • The State of Andhra Pradesh represented by its Principal Secretary Irrigation and Command Area Development Department., Secretariat,’ A.P. Velagapudi, Amaravathi, Guntur District 2. The District Collector Guntur Guntur District 3. The Superintending Engineer, Development Department Guntur, Guntur District. 4. The Executive Engineer, Irrigation Guntur, Guntur District. Irrigation and Command Area K.W.Division, Irrigation circle, Tenali 5. The Assistant Executive District. Engineer, GC Section -III Guntur, Guntur 6. The Deputy Executive Engineer, Guntur Guntur District. Channel Sub Division, Guntur, 7. The Guntur Municipal Corporation, Guntur, Guntur district, represented by its Commissioner 8. The Tahsildar, Guntur, Guntur district 9. Mr Chigurupati Sajjana Rao, S/o.Subba Rao, aged about 35 years Business, R/o.D.No.4-66/A, Pothuru village & Mandal, Guntur, Guntur District. occ: ...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 writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 2 to 8 in not taking any action against the 9th respondent who was selling silt generated from the Puthuru tank in between Naidupeta in 58th ward, Guntur Municipal Corporation, Guntur and also from the Puthuru tank near ELSR on cash as consideration instead, of using the same for the purposes enumerated in Government Memo No. 10444/CAD-1/2014-15 Irrigation and CAD Development dated 18.02.2015 and also to declare the action of the respondents 2 to 8 in awarding desilting work in the afore sand tanks In favour of the 9th respondent in contrary to the Government orders in G.O.Rt.No.531 Water Resources (CAD) Department, dated 14.08.2015 and G.O.Ms.No.139, Water Resources (CAD) Department, dated 20.02.2016 and G.O.Ms.No.70, Irrigation & CAD (WRG-GRC) Department, dated 04.12.2014 as illegal, arbitrary consequently direct the respondents to take steps for recovery of the sale proceeds of the silt excavated from the afore said tanks from the 9th respondent to be utilized for taking developmental activities in Puthuru village. lA NO: 1 OF 2016fWPfPIUMP 296 OF 2016 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 8 to take steps for recovery of sale proceeds of the silt excavated from, the Puthuru tank in between Naidupeta in 58th ward. Guntur Municipal Corporation, Guntur, r respondent by stopping the bills payable to the the afore said tanks, pending the disposal of the Puthuru tank near ELSR from the 9th 9th respondent in respect of writ petition (PIL). RAO 1, 3 to 6: GP FOR IRRI AND CAD GP FOR REVENUE (AP) 7: SRI A S C BOSE (SC FOR MUNICIPAL Counsel for the Petitioners: SRI A PRABHAKAR Counsel for the Respondent Nos. Counsel for the Respondent Nos. 2,8 : Counsel for the Respondent No CORPORATIONS AP) Counsel for the Respondent No. The Court made the following order: 9: SRI SRINIVAS POLAVARAPU APHC010767862016 IN THE HIGH COURT OF ANDHRA PRADESH Bench Sr.No:-16 [3483] QMS AT AMARAVATI WP{PIL) NO: 172 of 2016 Ala Venkatasubbaiah and others ...Petitioners Vs. The State of A.P. and others ...Respondents ■kicicititieieic** Advocate for Petitioners Sri C. Upendra representing Sri A. Prabhakar Rao Advocate for Respondents Learned Government Pleader for Irrigation and Command Area Development, Sri A. S. C. Bose, learned Standing Counsel for Guntur Municipal Corporation. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 10th September 2025 PC : Sri A. Prabhakar Rao, learned counsel for the petitioners, is absent and an adjournment is sought on his behalf. 2. The matter is being rendered infructuous inasmuch as the de-silting operation has since been completed and payment already made to respondent No.9. Hence, no further directions are required to be issued and the proceedings are, accordingly, closed. No costs. Pending miscellaneous applications, if any, shall stand closed. Sd/-B.PRASADA RAO ASSISTANT REGISTRAR //TRUE COPY// vv SECTION OFFICER 1. OneCCto Sri. A Prabhakar 2. One CC to Sri. A S C Bose 3. One CC to Sri. Srinivas Rao Advocate [OPUC] (SC for Municipal Corporations) [OPUC] Polavarapu Advocate [OPUC] High Court of Andhra Pradesh High Court of Andhra Pradesh 4. Two CCS to GP for Revenue, 5. Two CCs to GP for [OUT] Irrigation and CAD [OUT] 6. Two CD Copies GSC HIGH COURT DATED:10/09/2025 ORDER WP(PIL) NO. 172 OF 2016 ^ 2 2 SEP 2025 ^^SCijrrent Stcllmx^'^ Co CLOSING THE WP(PIL) WITHOUT COSTS