APHC010469682025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE TWENTY THIRD DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 23800/2025 Between: 1. MALAPATI BHASKAR NAIDU, S/O. LATE MOGILI NAIDU, AGE 78 YEARS, OCC CULTIVATION, D.NO.1-151, PADIPETA, TIRUPATI DISTRICT, ANDHRA PRADESH - 517503. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT,(WATER RESOURCES) SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT AT TIRUPATHI,(FORMERLY CHITOOR DISTRICT) ANDHRA PRADESH. 3. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH, TIRUPATI, ANDHRA PRADESH. 4. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH TIRUPATI, ANDHRA PRADESH. 5. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH TIRUPATI, ANDHRA PRADESH. 6. THE TAHSILDAR, TIRUPATHI RURAL, TIRUPATHI DISTRICT, 2 VS,J W.P.No.23800 of 2025 ANDHRA PRADESH. ...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 a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 3 to 6 in trying to divert towards western side and northern side of Kasi Kaluva and Attipatti Kaluva(escape Channels/Surplus weir) against the natural course and against the natural gravity without taking hydraulic particulars which leads to submerging petitioner's Agriculture and residential houses without following the procedure contemplated under Andhra Pradesh irrigation (Construction and Maintenance of Water Courses) Act,1965 and other acts is illegal, arbitrary and violations of article 14, 19 and 21 of Constitution of India and consequently direct the respondents not to change/alter the existing water course and to pass IA 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 direct the respondents not to change/alter the existing water course of Kasi Kaluva and attipatti kaluva (escape channels/surplus weir), pending disposal of the above writ petition and to pass Counsel for the Petitioner: 1. DASARI S V V S V PRASAD Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: 3 VS,J W.P.No.23800 of 2025 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a Writ, Order or direction and more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos. 3 to 6 in trying to divert towards western side and northern side of Kasi Kaluva and Attipatti Kaluva(escape Channels/Surplus weir) against the natural course and against the natural gravity without taking hydraulic particulars which leads to submerging petitioner's Agriculture and residential houses without following the procedure contemplated under Andhra Pradesh irrigation (Construction and Maintenance of Water Courses) Act,1965 and other acts is illegal, arbitrary and violations of article 14, 19 and 21 of Constitution of India and consequently direct the respondents not to change/alter the existing water course …” 2. Heard learned counsel for the petitioner and the learned Assistant Government Pleader for Irrigation. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation has furnished a copy of instructions of the Executive Engineer (FAC), Irrigation Division, Tirupathi, dated 20.09.2025, wherein it is stated that Padipeta tank is a minor irrigation tank situated in Padipeta and Kothuru villages of Tirupati Rural Mandal, in Tirupati District, which two surplus courses, one in Padipeta village and another in Kothuru (V). The surplus course from Padipeta Tank to Nakkala Kalva was used as an earthen road since long back, causing surplus water to flow through adjacent lands. To restore the original surplus course, the Assistant Executive Engineer had requested the Tahsildar, Tirupati Rural, to depute the Mandal Surveyor for boundary demarcation; however, no survey has been conducted to date. 4 VS,J W.P.No.23800 of 2025 A work by name “O&M – Jungle clearance and desilting of supply channel from Padipeta Tank to Nakkala Kalva” has been sanctioned and is currently at the tender stage. Meanwhile, the petitioner has requested the Revenue Divisional Officer, Tirupati to conduct the survey in Sy.Nos.45, 51, 94, 121, 177, 470 of Padipeta (V) for excavation of a new surplus course, and accordingly the Assistant Executive Engineer addressed a letter dated 15.09.2025 to the Tahsildar. Further, the Executive Engineer requested the Revenue Divisional Officer, Tirupati, to issue instructions for demarcation of boundaries and eviction of encroachments, if any. It is also stated that in terms of G.O.Ms.No.188, dated 21.07.2011, the Water Resources Department is required to inform the Panchayat and Revenue officials about encroachments and seek necessary action. It is further clarified that there is no change in the alignment of the surplus course. 4. Recording the above instructions, and in view of the steps being taken by the concerned authorities, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 23.09.2025 KGR