IN THE HIGH COURT OF ANDHRA PRADESH::AMARAVATI (Special Original Jurisdiction) WEDNSEDAY, THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2266 OF 2025 7 Between: 1 Yeturu Krishnavenamma, W/o. Ramana Reddy, Aged 77 years, Occ Agriculture, R/o. Mungamuru Village, Bogolu Mandal, SPSR Nellore District. 2 Yeturu Srinivasulu Reddy, S/o. Ramana Reddy, Aged 66 years Agriculture, R/o. Mungamuru Village, Bogolu Mandal, SPSR Nellore District. ...Petitioners AND 1 The State of Andhra Pradesh, Represented by its Principal Secretary, Irrigation Department, Secretariat Buildings at Velagapudi Amaravati, Guntur District. 2. The District Collector and District Magistrate, SPSR Nellore District, Nellore. 3. The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer (Irrigation), Bogole Mandal, SPSR Nellore District. 5 The Assistant Executive Engineer, Section No.2, Bitragunta, Irrigation Sub-Division, Kavali, SPSR Nellore District. ...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 a writ or order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of Respondent No.5 in issuing the impugned notice-cum-order dt.05.10.2024 in not allowing the draw water for irrigation of their agricultural lands petitioners to ▼ admeasuring an extent of Ac.36.57 Cents in Sy.Nos.467, 477,478, 479, 480, 481, 482 and Ac.29.22 Cents in Sy.Nos.546-A, 546-C, 616-A, 612, 614, 615-2, 613- 2, 609, 610, 474, 489-A, 537-B1, 537-B2, 537-B4, situated in Mungamuru Village, Bogolu Mandal, SPSR Nellore District, without following the principles of natural justice, as illegal, arbitrary, unconstitutional, unjust, violative of article 14, 19(1)(g),21 and 300-Aof the Constitution of India, Consequently set-aside the same and direct the respondents herein to release the water and permit the petitioners to draw water for irrigation of their agricultural lands admeasuring an extent of AC.36.57 cents in Sy.N0S.467, 477,478, 479, 480, 481, 482 and Ac.29.22 Cents in Sy.Nos.546-A, 546-C, 616-A, 612, 614, 615-2, 613-2, 609, 610, 474, 489-A, 537-B1, 537-B2, 537-B4, situated in Mungamuru Village, Bogolu Mandal, SPSR Nellore District lA NO: 1 OF 2025 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 release the water and permit the petitioners to draw water for irrigation of their agricultural lands admeasuring an extent of Ac.36.57 Cents in Sy.Nos.467, 477,478, 479, 480, 481, 482 and Ac.29.22 Cents in Sy.Nos.546-A, 546-C, 616-A, 612, 614, 615-2, 613-2, 609, 610, 474, 489-A, 537-B1, 537-B2, 537-B4 situated SPSR Nellore District, by in Mungamuru Village, Bogolu Mandal suspending the impugned notice dt.05.10.2024 issued by Respondent No.5, pending disposal of the above writ petition Counsel for the Petitioners: SRI KOPPARTHI SUMATHI Counsel for the Respondents No.1, 3 to 5: GP FOR IRRI AND CAD Counsel for the Respondent No.2: GP FOR REVENUE The Court made the following: Order APHC010029322025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3458] WEDNESDAY ,THE FIFTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2266/2025 Between: ...PETITIONER(S) Yeturu Krishnavenamma and Others AND ...RESPONDENT(S) The State Of Andhra Pradesh and Others Counsel for the Petitioner(S): 1.KOPPARTHI SUMATHI Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD The Court made the following: ORDER: Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, Irrigation and CAD. Challenging the proceedings of the 5**^ respondent, dated 05.10.2024 directing the petitioners to remove the engines that have been installed at the irrigation channel for drawing water unauthorizedly for the agricultural operations, the petitioners filed the instant writ petition. 2. 2 It is contended that the petitioners are the absolute owners of the land in an extent of Ac.36.57 cents in Sy.Nos.467, 477, 478, 479, 480, 481, 482 and Ac.29.22 cents in Sy.Nos.546-A, 546-C, 616-A, 612, 614, 615-2, 613-2, 609, 610, 474, 489-A, 537-B2, 537-B4 situated in Mungamuru Village, Bogulu Mandal, SPSR Nellore District. It is contended that the respondent Nos.4 & 5 have been illegally extracting from the Venkatapathi Irrigation Canal with the help of electrical motors, when the same was brought to their notice of the authorities, the impugned notice has been served upon the petitioners asking them not to draw water from Venkatapathi Canal, and remove the motors forthwith. 3. When the matter is taken up for hearing today, the learned 4. Assistant Government Pleader has placed before the Court, a copy of instructions, dated 03.02.2025 received by him, stating that the unauthorized usage of water from Venkatapathi irrigation canal by the petitioners is illegal as the same disturbs the water flow to the tail-end Ayacutdar land. It is noted from the said instructions that the farmers of the said area have earlier filed W.P.No.41434 of 2017. It is stated that the said writ petition was disposed of directing the respondents therein not to allow any unauthorized drawing of water from the said Canal. Despite the same, it is stated the petitioners have blocked the passage of water from Venkatapathi Channel and diverted the same to the petitioners’ land which is an unauthorized Ayacut. The said diversion causes hardship to the tail- end Ayacutdars. A representation was made by the said Ayacutdars to the Therefore, a Grama Sabha was conducted by the irrigation Department to bring out consensus among the farmers in the Village. However, no consensus could be arrived at. District Collector. It is further noted from the said instructions that on a joint respondent and the Tahsildar on 5. inspection conducted by the 5 24.10.2024, the Tahsildar has submitted a report to the Collector that the \ cultivation in petitioners’ land is illegal, to protect the downstream ‘ Ayacutdars in terms of the decision of this Court, measures were taken by the department, aocordingly blocked the illegally excavated Canals. 6. Considered the rival submissions. Having regard to the contentions advanced, this Court deems it fit to dispose of the writ petition directing the respondents to permit the petitioners to draw water from the irrigation channel that is maintained by the irrigation department and the also directed not to use any other methods viz., motor petitioners are engines/motor pumps, for drawing water from the irrigation channel. They shall remove the motor engines that are said to have been installed at the irrigation channel for drawing water. Further, the petitioners should not hindrance to the riots of the downstream Ayacut area of the cause any Channel in drawing water to their fields. It is pertinent to observe that the petitioners shall not dig or excavate any irrigation channels unauthorizedly 4 th and the Channel that has been referred to in the impugned notice of the 5 respondent, said to have been dug by the petitioners shall be closed. 7. With the above observation, the writ petition is disposed of. There shall be no order as to costs. As a sequel, all pending miscellaneous applications shall stand closed. Sd/- B PRASADA RAO ASSISTANT REGISTRAR ^SEC^fTt //TRUE COPY// OFFICER To 1. The Principal Secretary, State of Andhra Pradesh, Irrigation Department, Secretariat Buildings at Velagapudi Amaravati, Guntur District. 2. The District Collector and District Magistrate, SPSR Nellore District, Nellore. 3. The Superintendent Engineer, Irrigation Circle, Nellore, SPSR Nellore District. 4. The Executive Engineer (Irrigation), Bogole Mandal, SPSR Nellore District. 5. The Assistant Executive Engineer, Section No.2, Bitragunta, Irrigation Sub-Division, Kavali, SPSR Nellore District. 6. One CC to SRI KOPPARTHI SUMATHI Advocate [OPUC] 7. Two CCs to GP FOR IRRI AND CAD, High Court of Andhra Pradesh [OUT] 8. Two CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9. Three CD Copies gsg HIGH COURT DATED: 05/02/2025 ORDER £P 10 FEB 2025 A WP.No.2266 Of 2025 O . Current Section . DISPOSING THE WP WITHOUT COSTS