APHC010287162023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14730/2023 Between: 1. KORADA NEELAVENI, W/O KORADA NARAYANAMURTHY, AGED. 56 YEARS, OCC. CULTIVATION, R/O DOOR NO. 9-105, BALARAMUNIPETA, MACHILIPATNAM MANDAL, KRISHNA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, VIZIANAGARAM DISTRICT 3. TAHSILDAR, , SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 4. MANDAL PARISHAD DEVELOPMENT OFFICER, MANDAL PRAJA PARISHAD, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 2 5. MAMIDIPALLI GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, MAMIDIPALLI VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 6. MODUGULAPETA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, MODUGULAPETA VILLAGE, SANTHAKAVITI MANDAL, VIZIANAGARAM DISTRICT. 7. REDDY SWAMI NAIDU, S/O LATE APPANNA, AGED ABOUT 53 YEARS, OCC. SARPANCH, MODUGULAPETA GRAM PANCHAYAT, SANTHAKAVITI MANDAL, VIZIANAGARAM 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 WRIT OF MANDAMUS declaring the action of respondents 2 to 7 in taking steps to construct water channel through petitioner's agricultural land admeasuring Ac.1.20 cents in Survey No.138-1 situated in Mamidipalli Gram Panchayat of Santhakaviti Mandal in Vizianagaram District to store the excess water flows from the tank poramboke lands Ac.7.92 cents in Survey No.131 and Ac.5.86 cents in Survey No.100-1 situated in the above said village under NREGS funds, without following due process of law and without acquiring the same under Section 59 of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under as illegal, irregular, irrational, violative of principles of natural justice, provisions of Andhra Pradesh Panchayat Raj Act, 1994 and rules framed there under and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to construct water channel through petitioner's agricultural land admeasuring Ac.1.20 cents in Survey No.138-1 situated in Mamidipalli Gram Panchayat of Santhakaviti Mandal in Vizianagaram District and not to interfere in any manner with 3 my peaceful possession and enjoyment over my aforesaid properties without following due process of law 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 not to construct water channel through petitioner's agricultural land admeasuring Ac.1.20 cents in Survey No.138-1 situated in Mamidipalli Gram Panchayat of Santhakaviti Mandal in Vizianagaram District without following due process of law, pending disposal of the main writ petition and pass Counsel for the Petitioner: 1. SRINIVAS AMBATI Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV 4. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) The Court made the following Order: Challenging the action of respondents 2 to 7 in taking steps to construct water channel through the petitioner’s agricultural land to an extent of Ac.1.20 cents situated in Sy.No.138-1 of Mamidipalli Gram Panchayat, Santhakaviti Mandal, Vizianagaram District, the present writ petition is filed. 4 2. Heard Sri Srinivas Ambati, learned counsel for the petitioner, Sri Y. Koteswara Rao, learned Standing Counsel for Gram Panchayat, Ms. Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj and Sri M. Chandra Sekhar, learned Assistant Government Pleader for Revenue. 3. Learned counsel for the petitioner, while reiterating the contents of the affidavit, submitted that when the respondent authorities, without following the due procedure contemplated under law, tried to interfere with the petitioner’s possession in order to construct a water channel through the petitioner’s agricultural land, the present writ petition has been filed. This Court, by order dated 22.06.2023, granted status-quo to be maintained existing as on that day in respect of the subject property. He further submitted that though two years have lapsed, the respondent authorities did not choose to file their counter affidavit. In view of the same, prayed to dispose of the writ petition treating the interim orders as final orders. 4. Learned Standing Counsel and learned Assistant Government Pleaders, collectively sought time to file counter affidavit. 5 5. The main grievance of the petitioner is that the respondent authorities, in order to lay a water channel to store the excess water flows in rainy season from the tank poramboke, are interfering with the petitioner’s possession without following the procedure contemplated under law and this Court, accordingly, by interim order dated 22.06.2023, directed the parties to maintain status-quo as on that date in respect of the subject property. Though two years have lapsed, the respondent authorities have neither filed counter affidavit nor brought written instructions to this Court. 6. In view of the above circumstances, there is no purpose in keeping this writ petition pending inviting counter affidavit. As such, this Court is inclined to dispose of the present writ petition by passing the following order: <Respondent authorities are directed not to interfere or dispossess the petitioner from the land to an extent of Ac.1.20 cents situated in Sy.No.138-1 of Mamidipalli Gram Panchayat, Santhakaviti Mandal, Vizianagaram District, except under due process of law.= 6 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any in the Writ Petition, shall also stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI Date: 02.12.2025 ANS 7 311 THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 14730/2023 Date: 02.12.2025 ANS