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2025 DAILYLAW 45149 (AP)

BONIGALA NAGA MALLESWARA RAO v. The State Of Andhra Pradesh,

WP/8685/2025 · 2025-04-27

Gannamaneni Ramakrishna Prasad

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Judgment text

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IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) MONDAY ,THE TWENTY EIGHTH DAY OF APRI TWO THOUSAND AND TWENTY FIVE PRESENT HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8685 OF 2025 Between: Bonigala Naga Malleswara Rao, S/o. Bonigala Naga Bhushanam, Aged about 66 years, Occupation Sarpanch of the Grama Panchayat, Mannava R/o. D.No. 4-26, Bonigala Vari Veedhi, Mannava, Ponnuru Mandal, Guntur District- 522316. ...PETITIONER AND 1. The State Of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department Secretariat, Velagapudi, Amaravathi, Guntur District. 2. The Panchayat Raj and Rural Development, Rep. by its Commissioner, Beside NH-16 Service Road, Tadepalli, Guntur District. 3. The District Collector and Magistrate, Guntur District, Guntur. 4. The District Panchayat Officer, Guntur District, Guntur. 5. The Divisional Panchayat Officer, Tenali, Guntur District. ^.W The Tahsildaar, Ponnur Mandal, Guntur District. W'. The Mandal Parishad Development Officer, Ponnur Mandal Guntur District. 8. The Station House Officer, Ponnur Police station, Guntur District. 9. The Village Revenue Secretray, Mannava, Ponnur, Guntur District. 10. The Mannava Grama Panchayat, Rep. by its Secretary, Mannava, Ponnur Mandal, Guntur District. 11. Bandlamudi Chimpiraiah, S/o. Babu Rao, Aged about 40 years Occupation Agriculture, R/o. Mannava,Ponnuru Mandal. Guntur District- 522316. ...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 an order, writ or direction, more particularly one in the nature of WRIT OF MANDAMUS to declare the inaction of Respondents, specifically 3rd and 4th Respondents are not initiating any action on grievance No. GNT202503246921 Dated on 24.03.2025 to stop the removing out the water from the Village Tank (Uara Cheruvu) at an extent of Acres of 9.54 situated at Sy. No. 450 of the village of the Mannava without passing any resolution by the Mannava Grama Panchayat is illegal, arbitrary and consequently direct the respondents not to removing out the water from the Village Tank (Uara Cheruvu) at an extent of Acres of 9.54 situated at Sy. No. 450 of the village of the Mannava. 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 stop the removing out the water from the Village Tank (Uara Cheruvu) at an extent of Acres of 9.54 situated at Survey. No. 450 of the village of the Mannava, pending disposal of the above writ petition in the interest of justice. Counsel for the Petitioner: SRI GUNDALA SIVA PRASADA REDDY Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ RURAL DEV Counsel for the Respondents Nb;2,4,5, 7 & 10:SRI M SUDHIR, SC FORZPP Counsel for the Respondent No.8: GP FOR HOME Counsel for the Respondent No.9: GP FOR REVENUE Counsel for the Respondent Nbii l: None appeared The Court made the following Order: ■C - •4 1 THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 8685 of 2025 ORAL ORDER: Heard Sri Gundala Sivaprasad Reddy, learned Counsel for the Writ Petitioner, Sri Panku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and P.A.K Yadav, learned Counsel appearing on behalf of Sri Sudhir Mattegunta, learned Standing Counsel for Gram Panchayat. Sri P.A.K Yadav, learned Counsel has submitted the Written Instructions furnished by the Panchayat Secretary of Mannava Kour Gram Panchayat, Ponnur Mandal, Guntur District dated 18.04.2025. Sri Panku Rajesh Kumar, learned Assistant Government Pleader, has also submitted the Written I Instructions furnished by the Divisional Panchayat Officer of Guntur District. Copies of both Written Instructions are supplied to the Counsel for the Writ Petitioner and the same is taken on record. The Written Instructions would indicate that due to mis-management of the lessee by name Shankar of Nidubrolu Village, the fish in the tank had died and become putrified and thereby polluting the drinking water. The villagers of the village have requested to remove the foul-smelling water from the tank and also to clean up the tank for filling it up with fresh water. For this purpose, as the Sarpanch and Upa-sarpanch did not cooperate, the Panchayat has passed a Resolution in their absence requesting the Officials to take proper steps. In this process, the work was assigned to one Smt. Bandlamudi Swathi. The work commenced on 21.03.2024 and got completed on 30.02.2025. It is the submission of the learned Counsel for the Petitioner that the Sarpanch has not been involved in passing of the Resolution. He would submit 2. X \ / 3. 4. 5. 2 that the Official Respondents have revoked the Cheque drawing power of the Sarpanch and did not involve the participation of the Sarpanch and Upa- sarpanch in passing the said Resolution. It is not denied by the learned Counsel for the Petitioner that the fish died due to mismanagement of one Sri Shankar, who is the lessee and that it become inevitable to clean up the foul-smelling water. Having regard to the submission, this Court is of the opinion that the present Writ Petition is devoid of any merit. Accordingly,this Writ Petition is dismissed.No order as to costs. Interlocutory Applications, if any, stand closed in terms of this order. 6. 7. 8. 9. Sd/- M SRINIVAS ASSISTANT^EGISTRAR HTR\JB COPY// SECTION OFFICER To, 1. One CC to SRI GUNDALA SIVA PRASADA REDDY Advocate [OPUC] 2. Two CCs to GP FOR PANCHAYAT RAJ RURAL DEV Court Of Andhra Pradesh. [OUT] 3. One CC to Sri M Sudhir, Standing Counsel for ZPP.[OPUC] 4. Two CCs to GP for Hoimi^’High Court of Andhra Pradesh.[OUT 5. Two CCs to GP for Revenue, High Court of Andhra Pradesh.[OUT 6. Three CD Copies Vna (gsg) High 4 HIGH COURT DATED:28/04/2025 \ ORDER ^TOF ANOS^ WP.No.8685 of 2025 OY /far 0 9 JUL 2125 m V9: 09 DISMISSING THE WRIT PETITION WITHOUT COSTS