APHC010230502023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] WEDNESDAY,THE THIRD DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12112/2023 Between: 1. K GOVINDA REDDY, S/O. LATE K. RAMACHANDRA REDDY, HINDU, AGED ABOUT 45 YEARS, AGRICULTURIST, R/O H. NO. 1/176, D. KOTAKONDA VILLAGE, ASPARI MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE DISTRICT COLLECTOR, , KURNOOL, KURNOOL DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, , KURNOOL, KURNOOL DISTRICT. 4. THE MANDAL DEVELOPMENT OFFICER, ASPARI, KURNOOL DISTRICT. 5. D KOTAKONDA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, D.KOTAKONDA, ASPARI MANDAL, KURNOOL DISTRICT. 6. THE SUPERINTENDENT OF POLICE, KURNOOL , KURNOOL DISTRICT. 7. THE STATION HOUSE OFFICER, ASPARI RURAL POLICE STATION, ASPARI, KURNOOL DISTRICT 2 ...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 more particularly one in the nature of WRIT OF MANDAMUS, declaring in-action of the respondents more particularly the respondents No. 2 to 5 in considering the representations of the petitioner among latest one dated 20-03-2023, requesting them to construct drainage channel so as to prevent release of drainage water and rain water in to his land in Sy.No. 243/1 to an extent Ac. 5.60 cents situated at D.Kotakonda Village, Aspari Mandal, Kurnool District, as illegal, arbitrary, unjust and violative of Art. 14, 21 and 300-A of the Constitution of India and also breach of substantive duty of respondents No. 2 to 5 under Section 45 (iii) and Section 46 (xxvii) of the A.P. Panchayat Raj Act, 1994 and consequently DIRECT the respondents No. 2 to 5 construct drainage channel to avoid / prevent release of drainage water and rain water in to his land in Sy.No. 243/1 to an extent Ac. 5.60 cents situated at D.Kotakonda Village, Aspari Mandal, Kurnool District 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 to the DIRECT the respondents to consider and act on the representation dated 20-03-2023 made by the petitioner, requesting them to construct drainage channel so as to prevent release of drainage water and rain water in to his land in Sy.No. 243/1 to an extent Ac. 5.60 cents situated at D.Kotakonda Village, Aspari Mandal, Kurnool District, pending disposal of above writ petition and pass such Counsel for the Petitioner: 1. BUTTA VIJAYA BHASKER Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR REVENUE 3. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 ORDER: Non consideration of the representation dated 20.03.2023 made by the petitioner requesting the respondents to construct drainage channel so as to prevent release of drainage water and rain water into his land to an extent of Ac.5.60 cents in Sy.No.243/1 at D.Kotakonda Village, Aspari Mandal, Kurnool District, is the grievance of the petitioner. 2. Heard Sri Butta Vijay Bhaskar, learned counsel for the petitioner and Sri Mattegunta Sudhir, learned Standing Counsel for Gram Panchayat for the respondents. 3. Learned Standing Counsel on written instructions submitted that the District Collector has issued proceedings dated 10.02.2025 sanctioning 121 works with an estimated cost of Rs.1140 lakhs under MGNREGS during the financial year 2024-25 in which D.Kontakonda Village, Aspari Mandal, is also listed for providing CC Road and Drain from Darga to Rangaswamy Temple and the same is under process, accordingly, prayed to dismiss the writ petition. 4. Learned counsel for the petitioner prayed to record the said instructions and close the writ petition. 5. Taking their submissions and the written instructions into consideration, as the authorities the has an intention to lay a road and drain by virtue of proceedings dated 10.02.2025, there is no purpose in keeping the writ petition pending and the writ petition is liable to be closed. 4 6. Accordingly, the Writ Petition is closed. The respondents are directed to construct the drain as expeditiously as possible. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd December, 2025 RKS