APHC010605152023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31214/2023 Between: 1. SRI. DASARI MANIKYAM,, S/O. POLAIAH, AGED ABOUT 54 YEARS, R/O. H. ASSESSMENT NO. 1770, CHANDRASHEKARPURAM VILLAGE, KOTA MANDAL, TIRUPATI DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (PANCHAYAT RAJ) DEPT, SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT 2. THE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL SECRETARY (IRRIGATION) DEPT, SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT. 4. THE GUDALI GRAM PANCHAYAT, REP. BY PANCHAYAT SECRETARY, KOTA MANDAL, TIRUPATI DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, KOTA MANDAL, TIRUPATI DISTRICT. 6. THE ASSISSTANT ENGINEER, IRRIGATION DEPARTMENT, KOTA MANDAL, TIRUPATI DISTRICT. 7. THE DISTRICT COLLECTOR, TIRUPATI DISTRICT. 8. THE TAHSILDAR, KOTA MANDAL, TIRUPATI DISTRICT. 2 VS,J W.P.NO.31214 OF 2025 ...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 to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not granting permission to the petitioner herein to construct a culvert measuring 80 ft in length, with 4 ft width and 5 ft height, upon the canal which is existing adjacent to the house of the petitioner with house assessment No. 1770 in Sy. No. 361/A situated at Chandrashekarpuram Viiiage, Kota Mandal, Tirupati District, at the cost of the petitioner inspite of continuous representations made by the petitioner dated 19-11-2022 and 02-11- 2023 as illegal, arbitrary and opposed to the established principles of law and in violation of Right to Property as guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents herein to grant permission to the petitioner for construction of the culvert upon the canal as mentioned above and pass IA NO: 1 OF 2023 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 herein to grant permission to the petitioner to construct a culvert at the cost of the petitioner measuring 80 ft in iength, with 4 ft width and 5 ft height, upon the canal which is existing adjacent to the house of the petitioner with house assessment No. 1770 in Sy. No. 361/A situated at Chandrashekarpuram Viiiage, Kota Mandal, Tirupati District, by taking into consideration the representations made by the petitioner dated 19-11-2022 and 02-11- 2023 pending consideration of the present writ petition Counsel for the Petitioner: 1. K PALLAVI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. GP FOR IRRIGATION COMM AREA DEV 3 VS,J W.P.NO.31214 OF 2025 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31214/2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: <….to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents herein in not granting permission to the petitioner herein to construct a culvert measuring 80 ft in length, with 4 ft width and 5 ft height, upon the canal which is existing adjacent to the house of the petitioner with house assessment No.1770 in Sy.No.361/A situated at Chandrashekarpuram Viiiage, Kota Mandal, Tirupati District, at the cost of the petitioner inspite of continuous representations made by the petitioner dated 19- 11-2022 and 02-11-2023 as illegal, arbitrary and opposed to the established principles of law and in violation of Right to Property as guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents herein to grant permission to the petitioner for construction of the culvert upon the canal as mentioned above.= 2. The petitioner is the absolute owner and possessor of land to an extent of 50 Ankanams, including RCC roofed house property in an extent of 10 Ankanams, in Sy.No.361/A situated at Chandrashekarpuram Village, Kota Mandal, Tirupati District, having purchased the same through a possessory agreement from the vendors on 20.07.2018. After purchase of the said property, the petitioner is in peaceful possession and enjoyment of the same. 3. It is the case of the petitioner that, in order to reach ST colony in the village, the 4th respondent has constructed two culverts with 1 ½ ft width and 3 ft width, which are being used by one and all for reaching 4 VS,J W.P.NO.31214 OF 2025 the ST colony of the village. While the matter stood thus, since there is a big pit adjoining the petitioner’s residential house and during the rainy season, rain water gets stagnated in the said pit, due to which the way on the southern side of the petitioner’s house is cut off. The petitioner submitted representations dated 19.11.2022 and 02.11.2023 to the 6th respondent requesting his permission for construction of the culvert at his own costs. As no orders have been passed till date, the present writ petition is filed. 4. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Irrigation appearing for the respondents. 5. Learned Assistant Government Pleader has stated that the representations made by the petitioner on 19.11.2022 and 02.11.2023 are still pending for consideration before the 6th respondent and, as such, requested to dispose of the writ petition by directing the 6th respondent to pass appropriate orders on the representations made by the petitioner dated 19.11.2022 and 02.11.2023. 6. In view of the same, the Writ Petition is disposed of, directing the 6th respondent to pass appropriate orders on the representations made by the petitioner dated 19.11.2022 and 02.11.2023, after duly conducting an enquiry on the reasons assigned by the petitioner in the said representations, and to pass a reasoned order in accordance with law. 5 VS,J W.P.NO.31214 OF 2025 The said process shall be completed within a period of four (04) weeks from the date of receipt of copy of this order. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :23.12.2025 JLV 6 VS,J W.P.NO.31214 OF 2025 212 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31214/2023 Dt.23.12.2025 JLV