APHC010107302022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE THIRD DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6452/2022 Between: 1. N VIJAYA KUMAR, S/O LATE N.CHENCHAIAH NAIDU, AGED ABOUT 62 YEARS, R/O KONGARAVARI PALLI, CHANDRAGIRI MANDAL, CHITTOOR DISTRICT, AP. 2. M.SARASWATHAMMA, W/O LATE M.MUNASWAMY NAIDU, AGED ABOUT 78 YEARS, R/O KONGARAVARI PALLI, CHANDRAGIRI MANDAL, CHITTOOR DISTRICT, AP. 3. BOTTU RAMESH BABU, S/O LATE B.RAMAIAH NAIDU, AGED ABOUT 60 YEARS, R/O MUNGILIPATTU VILLAGE, CHANDRAGIRI MANDAL, CHITTOOR DISTRICT, AP. 4. K.PUNDAREEKA NAIDU, S/O K.SIDDAM NAIDU, AGED ABOUT 62 YEARS, R/O NADIMIPALLI VILLAGE, CHANDRAGIRI MANDAL, CHITTOOR DISTRICT, AP. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPT, AP SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, AP. 2. THE COMPETENT AUTHORITY FOR LAND ACQUISITION, (CALA) NHAI--CUM- JOINT COLLECTOR, CHITTOOR, CHITTO OR DISTRICT, AP. 3. THE TAHSILDAR, CHANDRAGIRI MANDAL, CHANDRAGIRI 2 VS, J W.P.No.6452 of 2022 DISTRICT. 4. KNR TIRUMALA INFRA PVT LTD SPV, REP BY ITS MANAGING DIRECTOR, SURVEY NO.144/1B, NH-140, CHITRPIRALLA VILLAGE, PUTHALAPATTU (M) CHITTOOR DIST ANDHRA PRADESH- 517112. 5. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, WATER RESOURCES DEPARTMENT, CHITTOOR DISTRICT, ANDHRA PRADESH. 6. THE STATION HOUSE OFFICER, CHANDRAGIRI P.S., CHANDRAGIRI, CHITTOOR DISTRICT, AP. ...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 tomay be pleased to issue an order or direction, more particularly one in the nature of writ of Mandamus, a)Declaring the action of the respondent 1 to 4 in permanently covering up (Mungilipattu Kaluva' water channel, a natural spring stream channel situate in Sy.Nos.142 to 707 of Kongaravaripalli Village Chandragiri Mandal, Chittoor District, as illegal, improper and unconstitutional, and b)Consequently direct the respondents to restore Mungilipattu Kaluva water channel by constructing proper drainage systems to ensure the free flow of the water channel, and c)Declare the action of the 6th respondent in not receiving the complaint from the petitioners against the 4th respondent and others for permanently closing the spring stream, as illegal and contrary to the ratio laid down by the Honourbale Supreme court in Lalita Kumari Vs. Govt. of U.P. and Ors., 2014 (1) SCC Criminal 524. d) and pass such other order or order as this Hon’bel Court may deemfit and proper in circumstances of the case. IA NO: 1 OF 2022 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 may be pleased to direct the 6th respondent to receive the complaint from the petitioners and register the same and investigate into as ruled by the Apex Court in Lalita Kumari Vs. Govt. of U.P. and Ors., 2014 (1) SCC Criminal 524 , pending the above writ petition, and pass such IA NO: 2 OF 2022 3 VS, J W.P.No.6452 of 2022 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 may be pleased to direct the respondent Nos.1 to 5 to restore the water channel namely Mungilipattu kaluva situate in Sy.Nos.142 to 707 of Kongaravaripalli Village Chandragiri Mandal, Chittoor District, the above writ petition, and pass such Counsel for the Petitioner(S): 1. N BHARAT BABU Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. V SESHA KUMARI 4. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS, J W.P.No.6452 of 2022 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue an order or direction, more particularly one in the nature of writ of Mandamus, a)Declaring the action of the respondents 1 to 4 in permanently covering up ‘Mungilipattu Kaluva' water channel, a natural spring stream channel situate in Sy.Nos.142 to 707 of Kongaravaripalli Village Chandragiri Mandal, Chittoor District, as illegal, improper and unconstitutional, and b)Consequently direct the respondents to restore Mungilipattu Kaluva water channel by constructing proper drainage systems to ensure the free flow of the water channel, and c)Declare the action of the 6th respondent in not receiving the complaint from the petitioners against the 4th respondent and others for permanently closing the spring stream, as illegal and contrary to the ratio laid down by the Hon’ble Supreme court in Lalita Kumari Vs. Govt. of U.P. and Ors., 2014 (1) SCC Criminal 524. d) and pass such other order or order as this Hon’ble Court may deem fit and proper in circumstances of the case..…” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation. 3. When the matter came up for admission on 18.04.2022, this court passed the following interim order: “….There shall be an interim direction to the respondents to restore the water channel, namely Mungilipatti Kaluva, situated in Sy.Nos.142 to 707 of Kongaravaripalli Village, Chandragiri Mandal, Chittor District, until further orders.” 5 VS, J W.P.No.6452 of 2022 4. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation furnished a copy of instruction of the 5th respondent/Superintending Engineer, W.R.D., Irrigation Circle, Vide letter No.SE/IC/CTR/DB/T.5/W.P/819, dt.03.11.2025, where is it is stated as follows: “….Mungilipattu channel is a Kasim Channel (spring channel). The channel starts in between Survey No.576 and 579 and flows in survey No.577, 588, 521, 526 and 510 of M. Kothapalli Revenue village. The total length of the channel is about 950 m. Out of 950 m, about 210 m length of the channel is in survey No.521, 523 and 526. The channel has a kink in Sy.No.521, 523 and 526 and the road, six laning of NH-140 from Chittoor to Mallavaram, from KM 47+490 to 47+700 was formed over the link portion of the channel by the National Highway Authority of India (NHAI). As per the direction of the Hon’ble High Court of Andhra Pradesh, Amaravathi in W.P.No.6452 of 2022, the Kasim Channel was excavated in service road area. The channel was excavated with original width of the channel. The excavated channel has joined with original channel smoothly and as a result the intended purpose of the spring channel is being served. “ 5. As per the above instructions, it is evident that the channel has already been restored, as such, this court is of the opinion that no further cause survives in this writ petition. 6. Recording the same, the Writ Petition is closed. There shall be no order as to costs. 6 VS, J W.P.No.6452 of 2022 Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 03.11.2025 CAB/KGR