APHC010421292018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY SECOND DAY OF SEPTEMBE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19594 OF 2018 Between: Chennu Nageswara Rao, S/o. Venkatachniam, Aged 62 years, R/o. G 3, S A Plaza, 0pp. Jasmin school Rajiv Nagar, Near Yusufguda Checkpost,Hyderabad -500045 ...Petitioner AND 1. The State of Andhra Pradesh, Rep by its Principal Secretary, Irrigation Department, Secretariat Bldgs, Velagapudi, Secretariat Bldgs, Guntur Dist. . 2. The Executive Engineer, Irrigation Dept. Bhimavaram, West Godavari Dist. 3. The Asst Engineer, Irrigation Department, Bhimavaram, West Godavari Dist. 4. The Executive Engineer, R and B Department, Bhimavaram, West GodavariDist. 5. The Asst Engineer, R and B Department, Veeravasaram, West Godavari Dist. 6. The Sarpanch, Dusanapudi Village, Godavari Dist. Veeravasam Mandal, West ...Respondents 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 more particularly one in the nature of Writ of Mandamus declare that the proposal of establishing cattle wharf ( Pasuvula Revu) opposite to the petitioner's lands and prawn tank situated in RS No. 1018 of Dusanapudi Village, Veeravasaram Mandal, West Godavari District by the respondents 2 to 6 without proper enquiry as illegal, arbitrary and capricious and consequently direct the respondents 2 to 6 to drop the said proposal of establishing the cattle tank in view of the fact that the tank by name Tadi cheruvu which can be used for the purpose of cattle wharf ( Pasuvula Revu) and also Cattle tank near the Board School of Dusanapudi Village, Veeravasaram Mandal, West Godavari District village are in existence in the interest of justice. lA 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 2 to 6 not to establish cattle wharf( Pasuvula Revu) opposite to the petitioner's lands and prawn tank situated in RS No. 1018 of Dusanapudi Village, Veeravasaram Mandal, West Godavari District till the disposal of petitioner's representations Dt. 29.5.2018 and 30.5.2018. Counsel for the Petitioner: SRI YALLABANDI RAMATIRTHA Counsel for the Respondent Nos.4 & 5: GP FOR ROADS BUILDINGS (AP) Counsel for the Respondent Nos.1 & 3:GP FOR IRRI AND CAD (AP) Counsel for the Respondent No.6: NONE APPEARED The Court made the following order: APHC010421292018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) B!¥iH [3333] MONDAY, THE TWENTY SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19594/2Q1R Between: 1.CHENNU NAGESWARA RAO, S/0. VENKATACHNIAM, AGED 62 YEARS, R/0. G 3, S A PLAZA, OPP, JASMIN SCHOOL RAJIV NAGAR, NEAR YUSUFGUDA CHECKPOST,HYDERABAD -500045 ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY. IRRIGATION DEPARTMENT, SECRETARIAT BLDGS, VELAGAPUDI, SECRETARIAT BLDGS, GUNTUR DIST. 2.THE EXECUTIVE ENGINEER, IRRIGATION DEPT. BHIMAVARAM, WEST GODAVARI DIST. 3.THE ASST ENGINEER, IRRIGATION DEPARTMENT, BHIMAVARAM WEST GODAVARI DIST. 4.THE EXECUTIVE ENGINEER, R AND BHIMAVARAM, WEST GODAVARIDIST. 5.THE ASST ENGINEER. R AND B DEPARTMENT, VEERAVASARAM WEST GODAVARI DIST. 6.THE SARPANCH, DUSANAPUDI VILLAGE, VEERAVASAM MANDAL WEST GODAVARI DIST. B DEPARTMENT ...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 2 vsj W.P.N0.19594 of 2018 pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declare that the proposal of establishing cattle wharf ( Pasuvula Revu) opposite to the petitioner’s lands and prawn tank situated in RS No. 1018 of Dusanapudi Village, Veeravasaram Mandal District by the respondents 2 to 6 without West Godavari proper enquiry as illegal, arbitrary and capricious and consequently direct the respondents 2 to 6 to drop the said proposal of establishing the cattle tank in view of the fact that the tank by name Tadi cheruvu which can be used for the purpose of cattle wharf ( Pasuvula Revu) and also Cattle tank near the Board School of Dusanapudi Village, Veeravasaram Mandal, West Godavari District village are in existence in the interest of justice and to pass lA 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 2 to 6 not to establish cattle wharf( Pasuvula Revu) opposite to the petitioner's lands and prawn tank situated in RS No. 1018 of Dusanapudi Village, Veeravasaram Mandal, West Godavari disposal of petitioner's representations Dt. 29.5.2018 District till the and 30.5.2018 pending Counsel for the Petitioner: 1.YALLABANDI RAMATIRTHA Counsel for the Respondent(S): 1.GP FOR ROADS BUILDINGS (AP) 2.GP FOR IRRI AND CAD (AP) The Court made the following: 3 V VS,J W.P.No.l9594of2018 ORDER: This writ petition Is 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 Writ of Mandamus to declare that the proposal of to the establishing cattle wharf (Pasuvula Revu) opposite petitioner's lands and prawn tank situated in RS No. 1018 of DusanapudI Village, Veeravasaram Mandal, West Godavari District by respondents 2 to 6 without proper enquiry as illegal, arbitrary and capricious and consequently direct the respondents 2 to 6 to drop the said proposal of establishing the cattle tank in view of the fact that the tank by name Tadi cheruvu which can be used for the purpose of cattle wharf ( Pasuvula Revu) and also Cattle tank near the Board School of DusanapudI Village, Veeravasaram Mandal, West Godavari District village are In existence 2. The petitioner and his sons are having Ac.2.50 cents of prawn tank as well as Ac.8.00 of agricultural land at DusanapudI Village and have eking out their livelihood by doing agriculture as well as prawn business Adjacent to the petitioner’s land, towards the eastern side of their there is a R&B road leading from DusanapudI to Matsyapuripalem towards the east, an irrigation canal has been in existence, which is the only water source for DusanapudI as well as the villagers adjacent to it. been property and 3. The case of the petitioner is also that there is a vacant tank by Tadicheruvu Tank, which is to an extent of Ac.1.00 and is used for the purpose of cattle. There is a cattle tank at Board School which has been used for the purpose of cattle and which is nearer to the house of the 6’^ name VS,J W.P.No.19594 of 2018 respondent, who has in fact closed it by using his influence. It is further stated that due to existence of the said canal adjacent to the said R&B road, and in view of the nature of the soil, as it is a loose soil, the R&B road has been occasionally drowned and in view of the same, on the western side of the said canal, the Government proposed to construct a wall for protecting the road from damage through underground seepage of water, as the fact remains that the water in the said canal is being used for the purpose of drinking and is the only water source for the nearby villagers. While the things stood thus, the construction of the wall has been stopped. On enquiry, the petitioner came to know that the concerned engineer, at the instance of the respondent has stopped the same as they are proposing to establish a cattle wharf (Pasuvula Revu) in the said unconstructed area of the said wail. As such, the petitioner has submitted representations on 29.05.2018 and 30.05.2018 to respondent Nos.3 and 4 requesting them not to establish the cattle wharf opposite to the petitioner’s land and prawn tanks situated in R.S.No.1018 of Dusanapudi Village, Veeravasaram Mandal, West Godavari District. As the said representations were kept pending, the petitioner was constrained to file the present writ petition. 4. 5. When the matter came up for admission on 19.06.2018, this Court passed the interim order directing respondents No.2 to 6 not to establish a cattle wharf (Pasuvula Revu) opposite to the petitioner’s land and prawn tanks 5 VS.J W^P^No.19594 of 20J8 situated in R.S.No.1018 of Dusanapudi Village, Veeravasaram Godavari District till 27.06.2018. Thereafter, Mandal, West considering the fact that the action of the respondents in permitting an irrigation channel to be used as a cattle wharf appears to be arbitrary and unreasonable located opposite to petitioner’s land and particularly when it is prawn tanks, the interim order has been extended until further orders. 6. In view of the interim order granted by this Court on 19.06 2018, instead of going into the merits of the case, this Court feels it appropriate to direct the respondent authorities not to without following due process of law. However, passed on the representations dated 29.05.2018 use the land as a cattle wharf (Pasuvula Revu) as no orders have been and 30.05.2018, the respondent authorities are also directed to pass appropriate orders on the said representations as expeditiously (4) weeks from the date of receipt of a copy of this order possible preferably with a period of four as 7. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel, Interlocutory Applications pending, if any, in this Writ Petition, shall stand closed. Sd/- M SRINIVAS ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Irrigation Department Velagapudi, Secretariat Bldgs, Guntur Dist. Secretariat Bldgs 2. The Executive Engineer, Irrigation Dept. Bhimavaram, West Godavari Dist. 3. The Asst Engineer, Irrigation Department, Bhimavaram, West Godavari Dist. 4. The Executive Engineer, R and B Department, Bhimavaram, West GodavariDist. 5. The Asst Engineer, R and B Department, Veeravasaram, West Godavari Dist. 6. The Sarpanch, Dusanapudi Village, Veeravasam Mandal, West Godavari Dist. 7. One CC to SRI. YALLABANDI RAMATIRTHA Advocate [OPUC] 8. Two CCs to GP FOR ROADS Andhra Pradesh [OUT] 9. Two CCs to GP FOR IRRI AND CAD (AP) High Court of Andhra Pradesh [OUT] 10. Two CD Copies. BUILDINGS (AP) High Court of AL HIGH COURT TL DATED:22/09/2025 # g( 2 3 OCT 2025 ORDER WP NO. 19594 OF 2018 5=0 ^5- irrentSecti^ ★ disposing of the w.p. without costs