APHC010653292023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 3449/2024 Between: 1. MALLADI DURGA KALESHWARI, W/O NARASIMHA RAO, AGED ABOUT 52 YEARS, OCC HOUSEWIFE, R/O H.NO.2-80/1, PODALADA VILLAGE, RAJOLE MANDAL, DR. B.R. AMBEDKAR KONASEEMA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, (ERSTWHILE EAST GODAVARI DISTRICT). 4. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, DOWALISWARAM. 5. THE DISTRICT PANCHAYAT OFFICER, PANCHAYAT RAJ DEPARTMENT, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, 6. THE EXECUTIVE ENGINEER, GODAVARI CENTRAL DIVISION, AMALAPURAM DIVISION, DR.B.R. AMBEDKAR KONASEEMA VS,J W.P No.3449 of 2024 2 DISTRICT, 7. THE REVENUE DIVISIONAL OFFICER, AMALPURAM DIVISION, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, 8. THE TAHSILDAR, RAZOLE MANDAL, DR.B.R. AMBEDKAR KONASEEMA DISTRICT, 9. THE ASSISTANT ENGINEER, IRRIGATION DEPARTMENT, RAZOLE, DR. B.R. AMBEDKAR KONASEEMA DISTRICT. 10. THE PODALADA GRAM PANCHAYAT, REP. BY ITS SECRETARY, PODALADA VILLAGE, RAZOLE MANDAL, DR.B.R. AMBEDKAR, KONASEEMA DISTRICT. 11. KOLLA SRINIVASA RAO, S/O LATE KRISHNAMURTHY, AGED ABOUT 41 YEARS, R/O PODALADA VILLAGE, RAZOLE MANDAL, DR. B.R. AMBEDKAR, KONASEEMA 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 an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 to 10 in non-considering the representations of the petitioner 7.9.2023 and non-initiating to take the necessary action against the illegal construction of the respondent No.11 on the opposite Podalada Canal No.2, which is situated at Podala Village, Razole Mandal, Dr.B.R. Ambedkar Konaseema District (Erstwhile East Godavari District) to the opposite of the house of the petitioner which is constructing without taking any permissions from the concerned authorities, and causing to close the road facility to the petitioner house and causing damaged to her and family members as it will become an accident prone place in front of my house, is highly illegal, arbitrary, violation of Principles of Natural Justice violation of Articles 14, 16, 21 and 300-A of the Constitution of India and consequently to direct the respondent Nos.3 to 10 to consider the representations of the petitioner 2.6.2023 and 7.9.2023 and to take the necessary action against the illegal construction of the respondent No.11 on the opposite Podalada Canal NO.2, which is situated at Podala Village, Razole Mandal, Dr.B.R. Ambedkar Konaseema District (Erstwhile East Godavari District) to the opposite of the house of the petitioner which is constructing without taking any permissions VS,J W.P No.3449 of 2024 3 from the concerned authorities, and causing to close the road facility to the petitioner house and causing damage to her and family members and farmers and other house owners and pass IA NO: 1 OF 2024 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 respondent Nos.3 to 10 to consider the representations of the petitioner 2.6.2023 and 15.06.2023 and to take the necessary action against the illegal bridge constructing respondent no.11 on the opposite podalada canal no.2, which is situated at Podala Village, Razole Mandal, Dr.B.R. Ambedkar Konaseema District (Erstwhile East Godavari District) to the opposite of the house of the petitioner causing to close the road facility and blockage of path due to tractor and lorries traffic front of the petitioners house and causing damage to her and family members to peacefully pending disposal of the writ petition and pass IA NO: 2 OF 2024 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 may be pleased to vacate the interim order dated 11/03/2024 and dismiss the WP.No. 3449 of 2024 and pass Counsel for the Petitioner: 1. R K ACHARYULU 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. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 5. S CHAKRAPANI 6. GP FOR IRRIGATION COMM AREA DEV VS,J W.P No.3449 of 2024 4 The Court made the following Order: This Writ Petition is filed under Article 226 of Constitution of India, seeking the following relief:- <…issue an appropriate writ order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent Nos.3 to 10 in non- considering the representations of the petitioner 15.06.2023 and non-initiating to take the necessary action against the illegal construction of the respondent No.11 in front of my house on the opposite Podalada Canal No.2 which is situated at Podala Village, Razole Mandal. Dr.B.R.Ambedkar Konaseema District (Erstwhile East Godavari District) without taking any permissions from the concerned authorities and causing to close the road facility to the petitioner house and causing damage to her and family members as it will become an accident prone place in front of petitioner9s house is highly illegal, arbitrary, violation of Principles of Natural Justice violation of Articles 14, 16, 21 and 300-A of the Constitution of India and consequently to direct the respondent Nos.3 to 10 to consider the representations of the petitioner 2.6.2023 and 15.06.2023 and to take the necessary action against the illegal construction of the respondent No.11 on the opposite Podalada Canal No.2 which is situated at Podala Village Razole Mandal, Dr.B.R.Ambedkar Konaseema District (Erstwhile East Godavari District) in front of the house of the petitioner without taking any permissions from the concerned authorities and causing to close the road facility and blockage to the pathway to the petitioner house due to tractors and lorries traffic and causing damage to her and family members and live peacefully pass such other order or orders…= 2. The case of the petitioner is that: a) The petitioner and her husband are absolute owners of the house bearing No.2-80/1 of Podala Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District. In the year 2015, by duly obtaining permission from the concerned authorities, they have constructed the house. b) The Irrigation Authorities have constructed a canal in the village in the year 1958, which leads to Podalada to Palagummi Village. The said canal has been providing water facilities to the needy agricultural lands of the surrounding farmers. After construction of the petitioner9s house, 8 feet width road was laid parallel to the canal leading to Podalada, which is being used by the villagers to reach their houses and the village. VS,J W.P No.3449 of 2024 5 c) While the things stood thus, respondent No.11, who is a landlord owning lands in and around the village, particularly on both sides of Podalada Canal No.2, intended to construct a bridge for his personal convenience to provide access to his private lands. Accordingly, he started construction of bridge on Podalada Canal No.2, more particularly, in front of the petitioner9s house without obtaining any permission from the Irrigation, Panchayat Raj and Revenue Authorities. As the said construction was causing damage and inconvenience, the petitioner submitted representations dated 05.06.2023 and 20.06.2023 to the respondent Nos.3, 6, 8 to 10, requesting them to take action against the illegal construction. As no action was taken on the said representations, the petitioner was constrained to file the present writ petition. 3. When the matter is taken up 8for Admission9, this Court passed the following interim order: <…Accordingly, there shall be an interim direction, directing the Respondents not to allow any construction by Respondent No.11 till the permission to be granted by the Respondents…= 4. Heard learned counsel for the petitioner as well as the learned Assistant Government Pleader representing the official respondents. 5. The learned counsel for the petitioner while reiterating the averments made in the affidavit filed in support of the writ petition sought to allow the same by granting the reliefs, as prayed for. VS,J W.P No.3449 of 2024 6 6. On the other hand, the learned Assistant Government Pleader has furnished a copy of the instructions dated 20.12.2025 received from the Executive Engineer, Godavari Central Division, Amalapuram/respondent No.6, stating as follows: a) It is admitted that respondent No.11 constructed walls on both sides of the Podalada Canal No.2 for construction of a slab culvert without obtaining any permission from the department. On 05.06.2023, Assistant Executive Engineer, Irrigation Section, Razole along with field staff visited the site and instructed respondent No.11 not to proceed with the construction. As respondent No.11 continued the construction disregarding the instructions, the Assistant Executive Engineer, Irrigation Section, Razole lodged a written complaint with the Station House Officer and Mandal Tahsildar, Razole vide letter No.81R, dated 06.06.2023. b) The said instructions would further go to show that the Assistant Executive Engineer, Irrigation Section, Razole issued Notice No.87R, dated 17.06.2023 directing respondent No.11 to remove the unauthorized construction already made and subsequently issued another Notice No.127R, dated 19.09.2023 directed him to remove the crossover bridge constructed by him on Podalada Canal No.2 within three (03) days from the date of receipt of said notice. c) Aggrieved by the notice dated 17.06.2023, respondent No.11 filed Writ Petition No.25315 of 2023. This Court vide orders dated 08.11.2023 VS,J W.P No.3449 of 2024 7 disposed of the said writ petition directing the respondent No.11/petitioner therein to submit reply/explanation afresh to the department respondents within a period of two (02) weeks from the date of the order. On receipt of such reply/explanation, the respondent authorities, more particularly, department respondents to consider the same and pass appropriate orders within a period of four week, thereafter. Till such orders are passed, the respondents were directed not to demolish or remove the crossover bridge constructed at Podalada No.2, Irrigation Channel, Podalada Village, Razole Mandal, Dr.B.R.Ambedkar Konaseema District. d) It is further stated in the instructions that the respondent No.11 submitted a petition through PGRS vide No.KNSM20250502206 dated 02.05.2025 seeking permission to construct a slab culvert at Km 0.500 on Podalada No.2 Channel. Considering that a slap culvert already exists at a distance of about 300 meters downstream and that the proposed location is on the upper reach of the channel, permission sought by the respondent No.11 was rejected based on a detailed report dated 03.07.2025 submitted by the Assistant Executive Engineer, Irrigation Section, Razole to the Deputy Executive Engineer, Irrigation Sub-Division, P.Gannavaram. It is further stated that no permission would be granted for the unauthorized construction that is already made and that no further construction of the slab culvert shall be carried out. VS,J W.P No.3449 of 2024 8 7. The respondent No.11 filed counter-affidavit admitting the facts as stated by the petitioner in the writ-affidavit. However, it is stated that in pursuance of the orders of this Court on 08.11.2023 passed in W.P No.25315 of 2023, no final orders has been passed by the respondents. It is further stated that the Deputy Executive Engineer, Irrigation Sub-Division, P.Gannavaram along with the Assistant Executive Engineer, Irrigation Section, Razole, conducted a site inspection and found no obstruction to the free flow of irrigation channel and that the Executive Engineer, Godavari Central Division, Amalapuram is taking steps to grant permission on the application made by him for construction of cross over bridge and orders are awaited. 8. Perused the instructions of the respondent No.6 and the counter- affidavit filed by the respondent No.11. 9. Admittedly, W.P No.25315 of 2023, was disposed of on 08.11.2023 directing the authorities to pass orders within the time stipulated. Though the respondent No.11 submitted his reply, no orders were passed by the respondent authorities. Subsequently, the respondent No.11 submitted petition/application vide No.KNSM20250502206 dated 02.05.2025 seeking permission for construction of slab culvert at Km. 0.500 on Podalada No.2 Channel, which was rejected on 03.07.2025 basing on a detailed report dated 03.07.2025 submitted by the Assistant Executive Engineer, Irrigation Section, Razole. VS,J W.P No.3449 of 2024 9 10. In view of the admission of respondent No.11 in his counter-affidavit that no permission has been granted by the official respondents for construction of crossover bridge (slab culvert) and considering the non- compliance of the orders passed in W.P No.25315 of 2023, the respondent Nos.6 and 10 are directed to comply with the said orders and pass appropriate final orders in accordance with law as expeditiously as possible within a period of ten (10) days from the receipt of the copy of this order after giving opportunity of hearing to the petitioner also in pursuance of the reply submitted by the respondent No.11. Thereafter, the respondent Nos.6 and 10 shall consider the petitioner9s representations dated 02.06.2023 and 15.06.2023 within a period of two (02) weeks. 11. With the above said directions, this Writ Petition is disposed of. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:24.12.2025 Ksj