APHC010395882023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 20348/2023 Between: 1. CHEEPATI IMMANIEL, S/O.YOHAN, AGED ABOUT 47 YEARS, R/O.D.NO.7-50, DUGGANAPALLE, NAWABPET, Y.S.R. KADAPA DISTRICT-516 433 2. DANDU NATHANIEL,, S/O.D.SANTHUDU, AGED ABOUT 56 YEARS, R/O.D.NO.7/52, DUGGANAPALLE, MYLAVARAM MANDALAM, VTC DUGGANA PALLE, NAWABPETA, Y.S.R. KADAPA DISTRICT. 3. PATNAM DEVARAJU,, S/O.MANCSHA, AGED ABOUT 52 YEARS, R/O.DUGGANAPALLE, NAWABPET, Y..S.R. KADAPA DISTRICT-516 433. 4. PATNAM GABRIAL,, S/O.PATNAM JAKARAIAH, AGED ABOUT 52 YEARS, R/O.VASANTHA PETA, PRODDATUR, Y.R.S.R. KADAPA DISTRICT-516 433. 5. PATNAM DANAMMA,, W/O.PATNAM SALMON, AGED ABOUT 55 YEARS, R/O.D.NO.7/100, DUGGANAPALLE, NAWAHPET, NAWABPETA, Y.R.S.R. KADAPA DISTRICT. 6. REDDYAPALLI MALLIKARJUNA,, S/O.R DEVENDRUDU, AGED ABOUT 38 YEARS, R/O.NAWABPET, Y.S.R. KADAPA DISTRICT. 7. VENNAPUSA SIVA SANKAR REDDY,, S/O.V.PULLAREDDY, AGED ABOUT 56 YEARS, R/O. D.NO.6/99, NAWABPET, Y.S.R. KADAPA DISTRICT. 2 VS,J W.P.No.20348 of 2023 ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, THROUGH THE PRINCIPAL SECRETARY, DEPARTMENT OF WATER RESOURCES, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, Y.S.R. KADAPA DISTRICT, KADAPA. 4. THE SUPERINTENDING ENGINEER, WRD, IRRIGATION CIRCLE, KADAPA, Y.S.R. KADAPA DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION DIVISION, Y.S.R. KADAPA DISTRICT. 6. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-DIVISION, BADVEL. Y.S.R. KADAPA DISTRICT. 7. TAHSILDAR, MYLAVARAM MANDAL, MYLAVARAM, Y.S.R. KADAPA DISTRICT. 8. DALMIYA CEMENT FACTORY, CHINNAKOMERALA, MYLAVARAM MANDAL, Y.S.R. KADAPA DISTRICT -516434. ...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 in action of the official Respondents on the complaint of the Petitioners against the constructing Mining Bund along with local streams and occupy the local streams of an extent of 48 KM in Kundu Sub-Basin located between Chinna Komerla and Nawabpet Villages of Mylvaram Mandal of Y.R.S.R. Kadapa District as arbitrary, illegal and violative of right to property under Article.300-A 3 VS,J W.P.No.20348 of 2023 of the Constitution of India and consequently direct the official respondents to take action on the complaint of the Petitioners forthwith and 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 pleased to direct the Respondents to take action to stop the illegal Mining and construction by the official 8th Respondent factory in the local irrigation cannels to prevent the inundation of Petitioners lands at Dugganapalle Village, Mylvaram Mandal, Y.S.R. Kadapa District, pending disposal of the above writ petition and pass Counsel for the Petitioner(S): 1. SAI GANGADHAR CHAMARTY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 VS,J W.P.No.20348 of 2023 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of MANDAMUS declaring the in action of the official Respondents on the complaint of the Petitioners against the constructing Mining Bund along with local streams and occupy the local streams of an extent of 48 KM in Kundu Sub-Basin located between Chinna Komerla and Nawabpet Villages of Mylvaram Mandal of Y.R.S.R. Kadapa District as arbitrary, illegal and violative of right to property under Article.300-A of the Constitution of India and consequently direct the official respondents to take action on the complaint of the Petitioners forthwith and to pass….” 2. The petitioners herein are owners and possessors of various extents of land situated in Dugganapalle village, Mylavaram mandal, Y.S.R. Kadapa district and are cultivating their lands relying on the irrigation canals. The streams originates from Thimmanayupeta village of Kurnool district and flows into Kundu river near Palaru village of Peddamudam mandal of Y.S.R. Kadapa district after going through various villages including Dugganapalle village. 3. The grievance of the petitioners is that during monsoon season, due to heavy flood discharged by the aforesaid stream, large extents of agricultural lands get flooded and in addition, the compound wall constructed by the 8th respondent creates stagnation of water and results in damage of crops. As such, the petitioners made a complaint through Spandana grievance cell on 5 VS,J W.P.No.20348 of 2023 08.07.2022. As no action was initiated by the respondent authorities pursuant to the complaint dated 08.07.2022, the present writ petition is filed. 4. Heard Sri. Sai Gangadhar Chamarty, learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation. 5. Today, when the writ petition came up for hearing, learned Assistant Government Pleader has furnished a copy of letter addressed by the 5th respondent dated 22.12.2025, wherein it is stated that the 3rd respondent instructed the 4th respondent to examine the matter and to submit a detailed report. Accordingly, the 4th respondent, along with 5th respondent are said to have inspected the affected areas to ascertain the field conditions. It is further stated that a DGPS survey has to be conducted to assess the discharge particulars, river width and canal widening requirements in the disputed stretch of Aluguvagu, which requires one month time. 6. In view of the fact that the respondent authorities have initiated steps to conduct a DGPS survey to assess the discharge particulars, river width and canal widening requirements in the dispute stretch of Aluguvagu, pursuant to the complaint made by the petitioners, this Court, instead of keeping the writ petition pending, feels it appropriate to dispose of the writ petition by directing the respondent authorities to complete the aforesaid enquiry as expeditiously 6 VS,J W.P.No.20348 of 2023 as possible, preferably within a period of four (4) weeks from the date of receipt of a copy of this order and to initiate appropriate action pursuant to the same in accordance with law. 7. Accordingly, with the above direction, this writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 22.12.2025 Gss