1 APHC010320632025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 16121/2025 Between: 1. PEKETI SRINIVASA RAO, S/O. SURIBABU, AGED ABOUT 44 YEARS, OCC AGRICULTURE, R/O.DR.NO.2-103, LAKSHMI NARAYANA TEMPLE STREET, CHANDRAPALEM VILLAGE AND POST, SAMARLAKOTA MANDAL, KAKINADA DISTRICT - 533 450. 2. TALATAM SIVANARAYANA,, S/O. RAMBABU, AGED ABOUT 43 YEARS, OCCAGRICULTURE, R/O.DR.NO.3-21, MAIN ROAD, CHANDRAPALEM VILLAGE POST, SAMARLAKOTA MANDAL, KAKINADA DISTRICT - 533 450. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, Y.L. DIVISION, PEDDAPURAM, KAKINADA DISTRICT - 533 3. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, PITHAPURAM, KAKINADA DISTRICT - 533 450. 4. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SUB- DIVISION, PITHAPURAM, KAKINADA DISTRICT - 533 450. 5. THE GRAM PANCHAYAT, CHANDRAPALEM VILLAGE, 2 SAMARLAKOTA MANDAL, KAKINADA DISTRICT - 533 440, REP. BY ITS SECRETARY. 6. THE SUPERINTENDENT OF POLICE, KAKINADA DISTRICT, KAKINADA - 533 001. 7. THE CIRCLE INSPECTOR OF POLICE, SAMARLAKOTA POLICE STATION, 533 440 SAMARLAKOTA MANDAL, KAKINADA DISTRICT 533 4 . 8. MEDIDHI NOOKA RAJU, S/O. DURGAYYA AQED ABOUT 45 YEARS, OCC AGRICULTURE, R/O.DR.1-280, MANDAPAKAVAN VEEDHI, CHANDRAPALEM VILLAGE AND POST, SAMARLAKOTA MANDAL, KAKINADA DISTRICT - 533 440. 9. DEGALA MURALI KRISHNA, S/O. SATYANARAYAN AQED ABOUT 42 YEARS, OCC AGRICULTURE, R/O. 0PP. LAKHSMINARAYANA SWAMY TEMPLE PATIMIDA, CHANDRAPALEM VILLAGE POST LMARLAKOTA MANDAL, KAKINADA DISTRICT 533440 ...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 the respondents in issuing proceedings No.355-M/YIDPDP/2025-2 6, Dt. 17.05.2025 granting permission for excavation and transportation of 5,000Cu.M of silt from the tank Masjid Cheruvu, R. Chandrapalem Village, Samriakota Mandal, Kakinada District in favour of 8th respondent with his own cost to the extent of 5,000Cu.M for a period of 15 days without any verification/feasibility for excavation and further the action of the respondents 8 and 9 in excavating the silt over and above the permission granted in the proceedings Dt. 17.05.2025 and their continuation in excavating the silt as bad, illegal, arbitrary, improper, unjust and against the principles of natural justice and against the Articles 14,16,19 and 21 of Constitution of India and consequently set aside the proceedings No.355- M/YIDPDP/2025-26, Dt. 17.05.2025 and direct the respondents to stop the illegal de-silting/excavation carried out in Masjid Cheruvu of R. Chandrapalem Village, Samarlakota Mandal, Kakinada District and pay compensation to the 5th respondent for the excess excavation and grant such other relief or reliefs as this Hon'ble Court may 3 deem fit and proper in the circumstances of the case and in the interest of justice. IA NO: 1 OF 2025 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 illegal de-theto stop silting/excavation of soil by respondents 8 & 9 in Masjid R. ChandrapalemCheruvu, Village, Samarlakota Mandal Kakinada District, pending disposal of the writ petition and pass Counsel for the Petitioner(S): 1. V S K RAMA RAO Counsel for the Respondent(S): 1. GP FOR HOME 2. GP FOR IRRI AND CAD 3. SRINIVAS BASAVA The Court made the following: 4 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 order or direction more particularly, one in the nature of Writ of Mandamus, declaring the action of the respondents in issuing proceedings No.355-M/YIDPDP/2025-2 6, Dt. 17.05.2025 granting permission for excavation and transportation of 5,000Cu.M of silt from the tank Masjid Cheruvu, R. Chandrapalem Village, Samriakota Mandal, Kakinada District in favour of 8th respondent with his own cost to the extent of 5,000Cu.M for a period of 15 days without any verification/feasibility for excavation and further the action of the respondents 8 and 9 in excavating the silt over and above the permission granted in the proceedings Dt. 17.05.2025 and their continuation in excavating the silt as bad, illegal, arbitrary, improper, unjust and against the principles of natural justice and against the Articles 14,16,19 and 21 of Constitution of India and consequently set aside the proceedings No.355- M/YIDPDP/2025-26, Dt. 17.05.2025 and direct the respondents to stop the illegal de-silting/excavation carried out in Masjid Cheruvu of R. Chandrapalem Village, Samarlakota Mandal, Kakinada District and pay compensation to the 5th respondent for the excess excavation and grant such other relief ….” 2. Today, when the matter came up for hearing, Sri. V.S.K. Rama Rao, learned counsel for the petitioner has stated that, pending the present petition, as the respondent authorities have already withdrawn the impugned proceedings dated 17.05.2025 wherein, permission was granted to respondent Nos.8 and 9 for excavation and transportation of 5,000 Cu.M of silt from the tank Masjid Cheruvu, R. Chandrapalem village, Samarlakota mandal, Kakinada district, no further orders would be necessary in the present writ petition. 5 3. Recording the said submission, this writ petition is dismissed as infructuous. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:07.10.2025. Gss