APHC010215072023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE NINETEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11218/2023 Between: 1. SRI GOPIKRISHNA SHEEP FARMING COOPERATIVE SOCIETY, (REGD NO.46/AHS/94), VENKANNAPALEM, REPRESENTED BY ITS PRESIDENT, NAMBARU MALI NAIDU, S/O NAMBARU RAMU NAIDU, AGED ABOUT 52 YEARS, R/O VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, KRISHNANAGAR, MAHARANIPETA, VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, VISAKHAPATNAM DISTRICT, AT VISAKHAPATNAM. 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, CHODAVARAM SUB UNIT,CHODAVARAM MANDAL, 2 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 VISAKHAPATNAM DISTRICT. 6. THE TAHASILDAR, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 7. THE VENKANNAPALEM GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 8. SRI MAILI ESWAR RAO, OCC. SARPANCH OF VENKANNAPALEM GRAM PANCHAYAT, VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the the 7th and 8th respondents in not taking steps for development of Pasalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District under MGNREGS Scheme is illegal, arbitrary and violative of Art 14, 21 and 51 A (g) of Constitution of India and consequently direct the 7th and 8th respondents to pass resolution for development of tank and tank bund of Pasalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District by considering the petitioner's representation dt 06.02.2023 and be pleased to 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 grant interim directions to the respondents 7 and 8 to consider the representation dt 06.02.2023 submitted by the petitioner society pending disposal of the above writ petition and pass such IA NO: 1 OF 2025 3 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 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 grant leave to the Respondent No. 6 in the WP No. 11218 of 2023 to file counter affidavit in the above Writ Petiton and pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. GP FOR IRRIGATION COMM AREA DEV WRIT PETITION NO: 6640/2022 Between: 1. SRI GOPIKRISHNA SHEEP FARMING COOPERATIVE SOCIETY, (REGD NO.46/AHS/94), VENKANNAPALEM, REPRESENTED BY ITS PRESIDENT, NAMBARU MALI NAIDU, SIO NAMBARU RAMU NAIDU, AGED ABOUT 52 YEARS, R/O VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 3. THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, KRISHNANAGAR, MAHARANIPETA, 4 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 VISAKHAPATNAM, VISAKHAPATNAM DISTRICT. 4. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, VISAKHAPATNAM DISTRICT AT VISAKHAPATNAM. 5. THE DEPUTY EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, CHODAVARAM SUB UNIT, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 6. THE TAHASILDAR, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 7. THE VENKANNAPALEM GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. 8. SRI MAILI ESWAR RAO, OCC- SARPANCH OF VENKANNAPALEM GRAM PANCHAYAT, VENKANNAPALEM VILLAGE, CHODAVARAM MANDAL, VISAKHAPATNAM DISTRICT. ...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 topleased to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents 4 to 8 in not allowing the petitioner society and Villagers of Venkannapalem Village to develop the Pasalamma Cheruvu/ tank by removing the silt and debris and to strengthen the tank bund of Paalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District is illegal, arbitrary and violative of Art 14, 21 and 51 A (g) of Constitution of India and consequently direct the respondents 4 to 8 to allow the petitioner society and Villagers of Venkannapalem Village to develop the Pasalamma Cheruvu, tank by removing the silt and debris and to strengthen the tank bund of Paalarrma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District and be pleased to pass IA NO: 1 OF 2022 5 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 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 grant interim directions to the respondents to permit the petitioner society and villagers of Venkannapalem Village to develop the tank by name Pasalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District by considering representations dt 07.02.2022 submitted by the petitioner society pending disposal of the above writ petition and pass Counsel for the Petitioner: 1. T V SRI DEVI Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 6 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 COMMON ORDER: As these writ petitions are filed by the same petitioner and as the issue in these writ petitions is one and the same, I feel it appropriate to decide these cases by way of a common order, by taking W.P.No.11218 of 2023 as main case. 2. W.P.No.11218 of 2023 came to be filed under Article 226 of the Constitution of India seeking the following relief:- <….to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the the 7th and 8th respondents in not taking steps for development of Pasalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District under MGNREGS Scheme is illegal, arbitrary and violative of Art 14, 21 and 51 A (g) of Constitution of India and consequently direct the 7th and 8th respondents to pass resolution for development of tank and tank bund of Pasalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District by considering the petitioner's representation dt 06.02.2023 and be pleased to pass….= 3. The petitioner 8Sri Gopikrishna Sheep Farming Cooperative Society9 is represented by its president by name Nambaru Mali Naidu, who is a resident of Venkannapalem village, Chodavaram mandal, Visakhapatnam. Brief facts of the case are that around 50 years ago, the villagers of Venkannapalem dug a tank namely 8Pasalamma Cheruvu9 for irrigating agricultural lands, in an 7 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 extent of Acs.9.40 cents in Sy.No.483/17 and 483/24 of Venkannapalem village, Chodavaram mandal, Visakhapatnam. 3. On 29.11.2021, the petitioner along with the villagers submitted a representation to the 4th respondent requesting to develop the said irrigation tank by removing silt and to strengthen the tank bund, however, they were informed that a resolution has to be passed by the 7th respondent to that extent. As such, the petitioner and concerned villagers approached the respondent Nos.7 and 8 by way of several representations to conduct a grama sabha for passing resolution with regard to development of Pasalamma Cheruvu, but, as no action was initiated, they submitted a representation to the respondent Nos.4 to 5 on 07.02.2022, to accord permission to remove the silt and debris from Pasalamma Cheruvu with their own expenses, but of no avail. Aggrieved by the same, the petitioner filed W.P.No.6640 of 2022 with the following prayer: <….to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents 4 to 8 in not allowing the petitioner society and Villagers of Venkannapalem Village to develop the Pasalamma Cheruvu/ tank by removing the silt and debris and to strengthen the tank bund of Paalamma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District is illegal, arbitrary and violative of Art 14, 21 and 51 A (g) of Constitution of India and consequently direct the respondents 4 to 8 to allow the petitioner society and Villagers of Venkannapalem Village to develop the Pasalamma 8 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 Cheruvu, tank by removing the silt and debris and to strengthen the tank bund of Paalarrma Cheruvu situated in an extent of Ac 9.40 cents in Sy No. 483/17 and 483/24 of Venkannapalem Village, Chodavaram Mandal, Visakhapatnam District and be pleased to pass….= 4. Pending the said writ petition, the petitioner and villagers have again submitted another representation on 06.02.2023 to respondent Nos.7 and 8 requesting to pass a resolution for development of Pasalamma Cheruvu. Though the said representation was received by respondent Nos.7 and 8, as no resolution is passed with regard to development of Pasalamma Cheruvu, the petitioner filed W.P.No.11218 of 2023. 5. Heard Mrs. T.V. Sridevi, learned counsel for the petitioner, learned Assistant Government Pleader for Irrigation and Mr. Y. Koteswara Rao, learned Standing Counsel for respondent No.7. 6. Today when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of the letter of 4th respondent - Executive Engineer, Water Resources Department, WSM Division, Chodavaram, dated 09.11.2025, wherein it is stated that the representations alleged to be made by the petitioner and concerned villagers were not received by the office of the 4th respondent, however, it is stated that if the 7th respondent submits a requisition along with a resolution for taking up improvement works pertaining to Pasalamma Cheruvu, necessary permission 9 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 would be accorded to execute such works with the funds of MGNREGS, as per the guidelines in force. 7. It appears that the representations submitted by the petitioner and villagers of Venkannapalem village were not received by respondent No.4. However, it can be seen that till date, respondent No.7 has not conducted a grama sabha and passed a resolution as requested by the petitioner and the villagers of Venkannapalem village. 8. In view of the same, these writ petitions are disposed of directing the 7th respondent to conduct grama sabha and to pass a resolution with regard to development of Pasalamma Cheruvu situated in Sy.No.483/17 and 483/24 of Venkannapalem village, Chodavaram mandal, Visakhapatnam within a period of two (2) weeks from the date of receipt of a copy of this order. Thereafter, the 7th respondent shall submit a requisition, enclosing such resolution, to respondent No.4 to initiate further course of action. On receipt of such request from the 7th respondent, the respondent Nos.2 to 4 shall accord permission to execute development works of the said Pasalamma Cheruvu, as expeditiously as possible, in accordance with law. 9. Accordingly, with the above direction, these writ petitions are disposed of. There shall be no order as to costs. 10 VS,J W.P.Nos.11218 of 2023 & 6640 of 2022 Consequently, pending miscellaneous petitions, if any, shall stand closed. ______________________ JUSTICE V.SUJATHA 19.11.2025 Gss