APHC010793582018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3457] TUESDAY,THE TWENTY SECOND DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE HARINATH.N WRIT PETITION NO: 38321/2018 Between: 1. BANDI BALA VEERA REDDY, S/O LATE VEERA REDDY, AGED 79 YEARS, R/O RUKAVARIPALLI, 50TH DIVISION, KADAPA MUNICIPAL CORPORATION, KADAPA CITY, YSR KADAPA DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT DEPARTMENT, A.P. SECRETARIAT AT VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE KADAPA MUNICIPAL CORPORATION, REPRESENTED BY ITS COMMISSIONER, KADAPA CITY, YSR KADAPA DISTRICT 3. THE EXECUTIVE ENGINEER, A.P. STATE CO-OPERATIVE RURAL IRRIGATION CORPORATION, KADAPA DIVISION AT KADAPA CITY, YSR KADAPA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, A.P. STATE CO-OPERATIVE RURAL IRRIGATION CORPORATION, KADAPA SUB DIVISION AT KADAPA CITY, YSR KADAPA 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 toto issue an appropriate Writ, order or direction mostly one which is 2 in the nature of a Writ of mandamus, declaring the action of the Respondents in proposing the digging of public sullage water drain through the petitioners land i.e., the wet lands in an extent of Ac.15.00 cents situated in Survey Nos. 364, 365, 366, 368 and 360/1 and 360/2 of Rukavaripalle Village, Kadapa Municipal Corporation, Kadapa City, YSR Kadapa District, as illegal, irregular, arbitrary, unfair, unreasonable, unconstitutional, unjustified and unsustainable and direct the Respondents to forbear from taking any steps for digging a public sullage water drain through the above said lands and pass IA 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 direct the Respondents not to dispossess the petitioner from his wet lands in an extent of Ac.15.00 cents situated in Survey Nos. 364, 365, 366, 368 and 360/1 and 360/2 of Rukavaripalle Village, Kadapa Municipal Corporation, Kadapa City, YSR Kadapa District, by the digging of any drain across the said lands and pass Counsel for the Petitioner: 1. KARRI MURALI KRISHNA Counsel for the Respondent(S): 1. GP MUNCIPAL ADMN AND URBAN DEV(AP) 2. K NARSI REDDY 3 The Court made the following Order: Learned counsel for the petitioner submits that the petitioner is aggrieved by the action of the respondents in proposing digging of public sullage water drain through the petitioner’s land situated at Rukavaripalle Village, Kadapa Municipal Corporation. 2. Learned counsel for the petitioner submits that the petitioner had earlier filed O.S.No.415 of 1997 on the file of III Additional Junior Civil Judge, Kadapa against the State, and the District Collector and the Mandal Revenue Officer were arrayed as defendants therein. The learned Judge, after considering the case on merits, decreed the suit as prayed for. However, the Court observed that, unless due process of law is followed by the defendants, an injunction restraining the defendants from interfering with the possession and enjoyment of the land was passed 3. On 15.07.2025, this Court requested the learned Standing Counsel for the respondent Nos.3 and 4 to obtain instructions regarding the present status of the matter. The instructions have received and placed before this Court. 4. As seen from the instructions, the respondents are not taking up any work as alleged, and the same is taken on record. 5. Accordingly, the Writ Petition is disposed of, making it clear to the respondents to follow due process of law, in the event, they intend to take up any further work as alleged by the petitioner. No costs. 4 6. Pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE HARINATH.N Date : 22.07.2025 BMS