APHC010293112023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY, THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15037/2023 Between: 1. KANAKA VENKATA LAKSHMI BHANUMATHI, W/O LATE SUSARLA PADMANABHA SHASTRY, AGED ABOUT 75 YEARS, OCC. HOUSEHOLD, D.NO. 2-9-1, RAMNAGAR, NIDADAVOLU VILLAGE AND MANDAL, EAST GODAVARI DISTRICT, PRESENTLY R/O D.NO. 1-8-119, MIYAPUR, HYDERABAD. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA . 3. THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT . 4. THE MANDAL PARISHAD DEVELOPMENT OFFICER, CHAGALLU MANDAL, EG DISTRICT . 2 5. SINGANAMUPPAVARAM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, SINGANAMUPPAVARAM VILLAGE, CHAGALLU MANDAL, E.G.DISTRICT. 6. THE MANDAL REVENUE OFFICER, CHAGALLU MANDAL, EG 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 an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, to declare the inaction of the respondent authorities in taking steps to stop the flow of the drainage water into the agricultural lands of the petitioner in Sy.Nos. 24-13, 25-2, 25-2J, 25-2r and 215-1 total admeasuring Ac. 4.94 cents situated within Singanamuppavaram Gram Panchayat, Singanamuppavaram village, Chagallu Mandal, East Godavari District, from the recently established colony named as Jagananna Colony, inspite of her repeated personal visits followed by a written representations dt. 15-03-2023 and 10-05- 2023, as being illegal, arbitrary, unjust and unconstitutional and consequently direct the respondent authorities to take steps to lay the underground drainage pipe line from the said Jagananna colony, and to grant IA NO: 1 OF 2023 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 respondent authorities to forthwith take steps to stop the flow of the drainage water from the nearby Jagananna colony into the agriculture lands of the petitioner in in Sy.Nos. 24-13, 25-2, 25- 2J, 25-2r and 215-1 total admeasuring Ac. 4.94 cents situated within Singanamuppavaram Gram Panchayat, 3 Singanamuppavaram village, Chagallu Mandal, East Godavari District, pending disposal of the main Writ Petition, and to pass Counsel for the Petitioner: 1. V HEMANTH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following Order: Challenging the inaction of the respondent authorities in taking steps to prevent the flow of drainage water into the petitioner’s agricultural land to an extent of Ac.4.94 cents, situated in Sy.Nos.24-13, 25-2, 25-2J, 25-2r and 215-1 of Singanamuppavaram Gram Panchayat, Singanamuppavaram Village, Chagallu Mandal, East Godavari District, without following the due procedure contemplated under law, the present writ petition is filed. 2. Heard Sri V. Hemanth Kumar, learned counsel for the petitioner, Sri Y. Koteswara Rao, learned Standing Counsel for the Gram Panchayat and Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayt Raj. 4 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that as drainage water has been continuously flowing into the petitioner’s agricultural land and thereby causing serious damage to the agricultural activities, the issue was brought to the notice of the Gram Panchayat concerned by the petitioner through his representations dated 15.03.2023 and 10.05.2023. However, no steps have been initiated so far. Providing and maintaining a proper drainage system is a statutory duty cast upon the Gram Panchayat, but the authorities have failed to discharge the same. He further submitted that in the counter affidavit, the Gram Panchayat has categorically stated that though it intends to undertake the necessary works, the adjacent landowners are not permitting it to do so and that they would take appropriate action in the future. As such, prayed to dispose of the writ petition by issuing appropriate directions to the authority concerned. 4. Learned Standing Counsel for the Gram Panchayat did not refute the submissions made by the learned counsel for the petitioner. 5. Perused the record and considered the submissions. 5 6. By virtue of Section 45 of the Andhra Pradesh Panchayat Raj Act, 1994, it is a statutory duty cast upon the Gram Panchayat to provide and maintain a proper drainage system in the village. When drainage water is flowing into the petitioner’s agricultural land, the Gram Panchayat concerned is bound to take immediate steps to prevent such flow and to maintain a proper drainage system. The sole reason assigned by the Gram Panchayat in its counter affidavit for not addressing the petitioner’s grievance is that the adjacent landowners were objecting to the proposed work. Merely because the adjacent land owners are raising objections, the Gram Panchayat cannot ignore its statutory responsibility and wash its hands. Further, it is very surprising to observe that the authorities have stated that they would take appropriate action ‘in the future’ without specifying any timeframe. Such a stand taken by the respondent authorities is wholly unsustainable. The counter affidavit is also completely silent as to when such steps would be taken. 7. In these facts and circumstances of the case, this Court, to meet the ends of justice, is inclined to dispose of the writ petition by issuing the following direction: 6 “The concerned Gram Panchayat shall consider the petitioner’s grievance and take appropriate steps to prevent the flow of drainage water into the petitioner’s agricultural land to an extent of Ac.4.94 cents, situated in Sy.Nos.24-13, 25-2, 25-2J, 25-2r and 215-1 of Singanamuppavaram Gram Panchayat, Singanamuppavaram Village, Chagallu Mandal, East Godavari District, in accordance with law, as expeditiously as possible. 8. Accordingly, the Writ Petition is disposed of. No order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03.12.2025 ANS 7 389 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15037/2023 Date: 03.12.2025 ANS