APHC010727782018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 35149/2018 Between: 1. R.VENUGOPALA RAO, S/O. R.GOWRI NAIDU, AGED ABOUT 45 YEARS, FLAT NO. 204, SRINIVASA RESIDENCY, VIVEKANADA MARG, KURMANN PALEM, VISAKHAPATNAM. 2. S.SATYANARAYANA, S/O. LATE. SILAVARISETTI SANYASI, AGED ABOUT 51 YEARS, D.NO. 44-22-11/R, RAMALAYANAM STREET, NEW RAILWAY COLONY, VISAKHAPATNAM. 3. M.SITA DEVI, W/O. S.V. VARMA, AGED ABOUT 26 YEARS, FLAT NO. 202, VAMSA APARTMENTS, BHANU NAGAR, MADDILAPALEM, VISAKHAPATNAM. 4. JAMI SIVA PRASAD, S/O. JAMI RAMU. AGED ABOUT 30 YEARS, H.NO. 50-68-9/2, HARIJANA VEEDHI, SITAMPETA, VISAKHAPATNAM. 5. G V S S N RAJU, S/O. GADIRAJU RAMACHANDRA RAJU, AGED ABOUT 54 YEARS, MUNGINAPALLI, DENKADA MANDAL, VIJAYANAGARAM, VIJAYANAGARAM DISTRICT. 6. P.V.S.S.N.VARMA, S/O. P.SITA RAMA RAJU, AGED ABOUT 47 YEARS, H.NO. 9-11-8/29, SIVAJIPALEM, VISAKHAPATNAM. 7. M.SRINIVASA RAJU, S/O. M.V.RAMANA RAJU, AGED ABOUT 34 YEARS, H.NO. 8-142, LIC COLONY, GOLLVILLIVANI PALEM, VISAKHAPATNAM. 8. M.ANANDA RAJU, S/O. M.V.RAMANA RAJU, AGED ABOUT 34 YEARS, H.NO. 8-142, LIC COLONY, . GOLLVILLIVANI PALEM, VISAKHAPATNAM. ...PETITIONER(S) 2 VS,J W.P.No.35149 of 2018 AND 1. STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, VISAKHAPATNAM. 3. EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, VISAKHAPATNAM. 4. THE DISTRICT COLLECTOR, VISAKHAPATNAM. ...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 any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to demolish the Culvert near the lands of the petitioners which is source of access to the petitioners to reach main road is illegal, arbitrary and violation of principles of natural justice and to consequently direct the respondents not to demolish the Culvert situated near the lands of the petitioners in Sy.No.157 and 158 of Adivivaram Village, Visakhapatnam District and to pass IA NO: 1 OF 2018 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 not to demolish the Culvert situated near the lands of the petitioners in Sy.No.157 and 158 of Adivivaram Village, Visakhapatnam District pending disposal of the writ petition. Counsel for the Petitioner(S): 1. V V SATISH Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD (AP) The Court made the following: 3 VS,J W.P.No.35149 of 2018 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in proposing to demolish the Culvert near the lands of the petitioners which is source of access to the petitioners to reach main road is illegal, arbitrary and violation of principles of natural justice and to consequently direct the respondents not to demolish the Culvert situated near the lands of the petitioners in Sy.No.157 and 158 of Adivivaram Village, Visakhapatnam District ….” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation. 3. When the matter came up for admission on 28.09.2018, this Court passed the following interim order: “….There shall be interim direction as prayed for, since it is stated that the subject culvert is the only means of acess to petitioners’ lands”. 4. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation furnished a copy of instructions of the Executive Engineer, W.S.M. Division, Chodavaram, Amaravathi, vide letter dated 15.09.2025, wherein it is stated that the culvert in question was constructed by the petitioners without obtaining prior approval from the 4th respondent, and without submitting any technical design or specifications for approval. It is further stated that, as per G.O.Ms.No.304, dated 11.06.2018, 4 VS,J W.P.No.35149 of 2018 any construction of a culvert over a channel or water body requires prior permission from the concerned department. In the absence of such permission from respondents No.2 to 4, the construction is said to be unauthorized. Consequently, it is stated that culvert either has to be demolished or subjected to approval as per the procedure prescribed by the Revenue and Water Resources Departments. 5. In view of the above, this Court is of the opinion that the respondents shall not demolish the culvert constructed by the petitioners without following due process of law. 6. Accordingly, the Writ Petition is disposed of directing the respondents not to demolish the culvert constructed by the petitioners without following due process of law. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. __________________ JUSTICE V.SUJATHA Dated 22.09.2025 KGR