APHC010220442020 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. K. SATISH,, S/O. VEERABHADRA RAO, AGED 65 YEARS, R/O ANNAVARAM, H/O. MUDINEPALLI VILLAGE, MUDINEPALLI MANDAL, KRISHNA DISTRICT 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. 3. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA DISTRICT. 4. THE DEVELOPMENT OFFICER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, MUDINEPALLI, KRISHNA DISTRICT. 5. THE KAKARAVADA GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUDINEPALLI MANDAL, KRISHNA DISTRICT. 6. MANGINENI MAHESH, S/O. SEETHARAMANJANEYULU, AGED YEARS, R/O ANNAVARAM, H/O. MUDINEPALLI VILLAGE, MUDINEPALLI MANDAL, KRISHNA DISTRICT. IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14494/2020 K. SATISH,, S/O. VEERABHADRA RAO, AGED 65 YEARS, R/O ANNAVARAM, H/O. MUDINEPALLI VILLAGE, MUDINEPALLI MANDAL, KRISHNA DISTRICT ...PETITIONER AND STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, KRISHNA DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA THE DEVELOPMENT OFFICER, PANCHAYAT RAJ AND RURAL ENT DEPARTMENT, MUDINEPALLI, KRISHNA THE KAKARAVADA GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUDINEPALLI MANDAL, KRISHNA DISTRICT. MANGINENI MAHESH, S/O. SEETHARAMANJANEYULU, AGED YEARS, R/O ANNAVARAM, H/O. MUDINEPALLI VILLAGE, MUDINEPALLI MANDAL, KRISHNA DISTRICT. ...RESPONDENT(S): IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI K. SATISH,, S/O. VEERABHADRA RAO, AGED 65 YEARS, R/O ANNAVARAM, H/O. MUDINEPALLI VILLAGE, MUDINEPALLI ...PETITIONER STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELGAPUDI, GUNTUR DISTRICT. THE DIVISIONAL PANCHAYAT OFFICER, GUDIVADA, KRISHNA THE DEVELOPMENT OFFICER, PANCHAYAT RAJ AND RURAL ENT DEPARTMENT, MUDINEPALLI, KRISHNA THE KAKARAVADA GRAM PANCHAYAT, REPRESENTED BY ITS SECRETARY, MUDINEPALLI MANDAL, KRISHNA DISTRICT. MANGINENI MAHESH, S/O. SEETHARAMANJANEYULU, AGED 35 YEARS, R/O ANNAVARAM, H/O. MUDINEPALLI VILLAGE, ...RESPONDENT(S): 2 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, an order or direction, in the nature of writ of Mandamus, declaring the action of the respondents in not initiating any action against the 6th respondent for violating the conditions of license of the village pond in Kakaravada village, Mudinepalli Mandal, Krishna District, by using it for cultivating prawns and for closing the drains running from the petitioner's land from entering the village pond as being illegal, arbitrary, malafide, high- handed, against Principles of Natural Justice and unconstitutional and consequently direct the respondents restore the drains to the petitioner's land from the village tank in Kakaravada village, Mudinepalli Mandal, Krishna District and pass IA NO: 1 OF 2020 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 to initiate action on the basis of representations of the petitioner dated 27.05.2020 and NIL and pass Counsel for the Petitioner: 1. GINJUPALLI SUBBA RAO Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR PANCHAYAT RAJ RURAL DEV 3 The Court made the following order: The grievance of the petitioner is that respondents have not initiated any action against respondent No.6 for violating the conditions of the license pertaining to the Village pond in Kakaravada Village, Mudinepalli Mandal, Krishna District by using it for prawn cultivation and by obstructing the drains running from the petitioner’s land into the said village pond. 2. Heard Sri Ginjupalli Subbarao, learned counsel for the petitioner, Ms Chandrika, learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1 to 4, Sri Y.Koteswararao, learned standing counsel for Gram Panchayat appearing for respondent No.5. 3. Learned counsel for the petitioner, in elaboration to what has been stated in the affidavit, contended that auction was conducted on 06.01.2020 for the lease period 2020-22 in respect of the Village pond in which respondent No.6 became the highest bidder and the bid was finalized in his favour. There are specific conditions that are required to be mandatorily followed by the successful bidder, one of which stipulates that the existing rights of the surrounding land owners should not be disturbed. However, respondent No.6 has closed all the drains connecting the surrounding lands to the village pond, resulting which, the said lands are deprived of proper drainage, causing severe loss to the landowners. He further submits that the petitioner and others submitted representations to the official respondents seeking immediate action against respondent No.6. Though the representation was received and an inquiry was ordered, no further action has 4 been taken tilldate and the drains continue to remain closed. He further submitted that it would suffice if a direction is given to the concerned authorities to consider and act upon the petitioner’s representation in a time bound manner. 4. On the other hand, learned standing counsel for Gram Panchayat submits that there is an existing canal through which agricultural water can be drained, but not into the village pond.However, the representation alleged tohave been submitted by the petitioner pertains to the year 2020 and it is not known whether a copy of the same is available in the office records or not. If the petitioner filesa fresh application, the authorities will consider the same in accordance with law. 5. Perusal of the record indicates that the petitioner has submitted representations seeking restoration of the drainage paths for flowing of water from the fields and for taking action against respondent No.6, whohas allegedly obstructed the drainage of water from their lands into the canal passing through the village pond of Kakaravada Panchayat. The contention of the petitioner is that it would suffice if a direction is given to the respondent authorities to consider the representation of the petitioner. Since the relief sought by the petitioner is innocuous, no notice is required to be issued to the petitioner. 6. In view of the above and taking the submissions of learned counsel for the parties, as the authorities submitted that they would act upon the representation of the petitioner in accordance with law, if the same is made 5 afresh, this Court, instead of going into the merits of the case, is inclined to dispose of the Writ Petition with the consent of the learned counsel for the parties by passing the following order: (i) The petitioner is at liberty to make a fresh application/representation to the authority concerned along with supporting material/documents, if any, in respect of hisclaim. (ii) On such application, the authority concerned is directed to consider and dispose of the same in accordance with law and pass a reasoned order, after affording an opportunity of being heard to all the parties concerned, at the earliest and communicate the same to the parties concerned. 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI 31.10.2025 MP 6 298 THE HON’BLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO.14494 OF 2020 31.10.2025 MP 7 HIGH COURT OF ANDHRA PRADESH MAIN CASE No: WRIT PETITION No.14494 of 2020 PROCEEDING SHEET S. No DATE ORDER 2. 31.10.2025 RC, J The Writ Petition is disposed of. (vide separate order) ______________________ RAVI CHEEMALAPATI, J MP 8