APHC010005752026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] THURSDAY,THE EIGHTH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 968/2026 Between: 1. MYLA CHANDRA SEKHAR REDDY, S/O SURYANARAYANA REDDY, AGED ABOVE MAJOR. RESIDENT OF 3RD WARD, BUDAWADA VILLAGE, JAGGAIAHPETA MANDAL, NTR (KRISHNA) DISTRICT, A.P - 521175. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEPARTMENT (WRD), SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR AND DISTRICT MAGISTRATE, NTR DISTRICT. 3. THE SUPERINTENDING ENGINEER, JAGGAIAHPETA DIVISION AND MANDAL, NTR DISTRICT, A.P. 4. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, JAGGAIAHPETA DIVISION AND MANDAL, NTR DISTRICT, A.P. 5. DARAVATH BALYA, S/O.HARICHANDH, AGED ABOVE MAJOR. RESIDENT OF 3RD WARD, BUDAWADA VILLAGE, JAGGAIAHPETA MANDAL NTR (KRISHNA) DISTRICT, A.P - 521175. ...RESPONDENT(S): 2 VS,J W.P.No.968 of 2026 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 Order or direction more particularly one in the nature of Writ of Mandamus is filed declaring the action of Respondents more particularly Respondent Nos. 2 to 4 in not considering my representation dated 12/09/2025 and stating that Conduct an immediate enquiry into the eligibility of 5th respondent elected as President, Water Users Association-12, Budawada Village, Jaggaiahpeta Mandal, NTR District is illegal arbitrary violation of Section 145 of The Andhra Pradesh Farmers Management of Irrigation Systems Act 1997 and consequently direct the respondent to take necessary action against the 5th respondent as elected as President, Water Users Association-12, Budawada Village, Jaggaiahpeta Mandal, NTR District under Section 14(5) and Section 41A of the APFMIS Act, 1997.as illegal, arbitrary, and violation of Articles 14, 21 and 300-A of Constitution of India, violation of Principles of Natural Justice. IA NO: 1 OF 2026 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 respondents no.2 to 4 to considering my representation dated 12/09/2025 and stating that Conduct an immediate enquiry into the eligibility of 5th respondent elected as President, Water Users Association-12, Budawada Village, Jaggaiahpeta Mandal, NTR District forthwith and pass Counsel for the Petitioner: 1. SHAIK AFZAL MOHAMMED Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.No.968 of 2026 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue Order or direction more particularly one in the nature of Writ of Mandamus is filed declaring the action of Respondents more particularly Respondent Nos. 2 to 4 in not considering my representation dated 12/09/2025 and stating that Conduct an immediate enquiry into the eligibility of 5th respondent elected as President, Water Users Association-12, Budawada Village, Jaggaiahpeta Mandal, NTR District is illegal arbitrary violation of Section 145 of The Andhra Pradesh Farmers Management of Irrigation Systems Act 1997 and consequently direct the respondent to take necessary action against the 5th respondent as elected as President, Water Users Association-12, Budawada Village, Jaggaiahpeta Mandal, NTR District under Section 14(5) and Section 41A of the APFMIS Act, 1997.as illegal, arbitrary, and violation of Articles 14, 21 and 300-A of Constitution of India, violation of Principles of Natural Justice….” 2. The petitioner herein is a resident of Budawada village. The Government of Andhra Pradesh, vide Lr.No.Conm/CADA/EE/DSO/Elections to FOs/2024, dated 19.10.2024 issued instructions to conduct elections to Water Users Associations, Distributary Committees and Project committees under the provisions of Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 (APFMIS). Thereafter, respondent Nos.2 to 4 conducted elections and declared the 5th respondent herein as President, Water Users Association-12, Budawada village, Jaggaiahpeta mandal, NTR district. 4 VS,J W.P.No.968 of 2026 3. The grievance of the petitioner is that though the 5th respondent is disqualified from contesting the said election under Section 14(5) of the APFMIS Act, 1997 as he is having more than two children as on the date of filing nomination, the respondent authorities have appointed the 5th respondent as President of the subject water users association. Expressing his grievance, the petitioner has submitted a representation to respondent Nos.2 to 4 on 12.09.2025, however, as no action was initiated thereon, the petitioner filed this writ petition. 4. Heard Mr. Shaik Afzal Mohammed, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 5. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of instructions of the 4th respondent dated 06.01.2026 wherein it is stated that as per the Andhra Pradesh Gazette, Part IV-A (Extraordinary), published by authority under No.12, Amaravati, dated 13.11.2024, an exemption has been provided to the “two-children norm” contained in sub-section (3) of Section 19. The said provision, which disqualifies individuals having more than two children from contesting local body elections, was originally introduced under the Andhra Pradesh Panchayat Raj Act, 1994 (Act No. 13 of 1994) at the time of framing of the Act, with effect from 30.05.1994. It is further stated that the said 5 VS,J W.P.No.968 of 2026 exemption came into force from 13.11.2024 itself. However, the Water Users Association elections were conducted in the month of December, 2024. 6. Except stating thus, nowhere in the instructions it is mentioned as to whether the respondents have passed any orders on the representation submitted by the petitioner. As such, instead of going into the merits of the case, the writ petition is disposed of by directing the 3rd respondent to consider the representation submitted by the petitioner on 12.09.2025 and pass appropriate orders within a period four (4) weeks from the date of receipt of a copy of this order. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 08.01.2026 Gss