APHC010096192022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY, THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 6184/2022 Between: 1. NALLAMILLI SATYANARAYANA REDDY,, 510. RAMAKRISHNA REDDY, AGED ABOUT 43 YEARS, OCCU- AGRICULTURE, R/O DOOR NO.1-73, UBALANKA VILLAGE, RAVULAPALEM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, GOVERNMENT OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA. 3. THE REGIONAL VIGILANCE AND ENFORCEMENT OFFICER, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 4. THE EXECUTIVE ENGINEER, GODAVARI HEAD WORK DIVISION, DOWLAISWARAM, EAST GODAVARI DISTRICT. 5. THE ASSISTANT DIRECTOR OF MINES ARID GEOLOGY, RAJAMAHENDRAVARAM, EAST GODAVARI DISTRICT. 6. THE TAHSILDAR, RAVULAPALEM MANDAL, EAST GODAVARI DISTRICT. 7. THE PANCHAYAT SECRETARY, UBALANKA, EAST GODAVARI DISTRICT. ...RESPONDENT(S): 2 VS,J W.P.No.6184 of 2022 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 or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the Respondents in permitting plying of sand vehicles illegally on the Gowthami right flood bank from chainage Kilometer 19.000 to kilometer 24.000 Kilometer, contrary to rule 23 of Andhra Pradesh Water, Land and Trees Rules, 2004 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to forthwith enforce rule 23 of Andhra Pradesh Water, Land and Trees Rules, 2004 by stopping plying of sand vehicles on the Gowthami right flood bank from chainage Kilometer 19.000 to kilometer 24.000 Kilometer and be pleased to pass IA NO: 1 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 direct the Respondents not to permit plying of sand vehicles on the Gowthami right flood bank from chainage Kilometer 19.000 to kilometer 24.000 Kilometer in terms of rule 23 of Andhra Pradesh Water, Land and Trees Rules, 2004 pending disposal of this Writ Petition 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 to grant leave to file counter and the present leave petition and Counsel for the Petitioner: 1. RAJA REDDY KONETI 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 4. GP FOR MINES AND GEOLOGY The Court made the following: 3 VS,J W.P.No.6184 of 2022 ORDER: The present writ petition came to be filed under Article 226 of the Constitution of India seeking the following relief: “…to issue a writ or writs or order or orders one more particularly in the nature of Writ of Mandamus to declare the action of the Respondents in permitting plying of sand vehicles illegally on the Gowthami right flood bank from chainage Kilometer 19.000 to kilometer 24.000 Kilometer, contrary to rule 23 of Andhra Pradesh Water, Land and Trees Rules, 2004 as illegal, arbitrary and unconstitutional and consequently direct the Respondents to forthwith enforce rule 23 of Andhra Pradesh Water, Land and Trees Rules, 2004 by stopping plying of sand vehicles on the Gowthami right flood bank from chainage Kilometer 19.000 to kilometer 24.000 Kilometer ….” 2. The petitioner is a resident of Ubalanka Village and is eking out his livelihood by doing agriculture. The grievance of the petitioner is that there is Gowthami right flood bank situated in his village, on which the sand vehicles are plying illegally from chainage Kilometer 19.000 to 24.000, which is contrary to Rule 23 of Andhra Pradesh Water, Land and Trees Rules, 2004. 3. It is the contention of the petitioner that plying of sand vehicles on the Gowthami right flood bank weakens the flood bank, and it will wash away in the event of heavy floods, which would affect the petitioner’s agricultural activities as well as the nearby villagers. Challenging the action of the respondents in illegally permitting the plying of sand vehicles on the Gowthami right flood bank, the petitioner is constrained to file the present writ petition. 4 VS,J W.P.No.6184 of 2022 4. Heard learned counsel for the petitioner and the learned Assistant Government Pleaders for Revenue and Irrigation. 5. Respondent No.4 has filed a counter affidavit, duly admitting the facts as stated by the petitioner. However, it is stated that commonly the vehicles are plying on the flood bank for various activities. The agricultural produce from the lanka lands and marginal lands is being transported in vehicles that travel certain distances on the flood bank to reach road points. The agricultural equipment vehicles are also travelling certain distances on the flood bank to reach the road point, lanka lands and vice versa. These are the common activities of the farmers. 6. However, today when the matter came up for hearing, the learned Assistant Government Pleader for Revenue has furnished a copy of the instructions of the 6th respondent vide Ref.A/444/2025, dated 08.10.2025, wherein it is stated that the 6th respondent has recently conducted an inspection over the Gowthami right flood bank (Chainage Km 19.000 to Km 24.000) and found that no sand vehicle movement is presently taking place on the said stretch of the flood bank situated between Ubalanka and Ravulapalem Villages in Ravulapalem Mandal of Dr.B.R.AmbedkarKonaseema District (Erstwhile East Godavari District). 7. Recording the above instructions and in view of the inspection conducted by the 6threspondent, this Court is of the opinion that no further orders are necessary in the present writ petition. 5 VS,J W.P.No.6184 of 2022 8. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 15.10.2025 KGR