APHC010525462025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE FIRST DAY OF DECEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27030/2025 Between: 1. NARRA SRINIVASA RAO, S/O. VENKATESWARLU, AGED ABOUT 61 YEARS, R/O. FLAT NO.206, SIVAM ENCLAVE, SULTHANABAD TENALI CITY, GUNTUR DISTRICT, A.P. 2. NARRA CHANDRA REKHA,, W/O. SRINIVASA RAO, AGED ABOUT 53 YEARS, R/O. FLAT NO.206, SIVAM ENCLAVE, SULTHANABAD TENALI CITY, GUNTUR DISTRICT, A.P. 3. GAVINI SRINIVASA RAO,, S/O. VENKATESWARA RAO, AGED ABOUT 53 YEARS, R/O. D.NO.10-71, MYNENIVARI STREET, NEARZ.P. HIGH SCHOOL, KOLLURU VILLAGE AND MANDAL, BAPATIA DISTRICT, A.P. 4. NAGISETTY ANJANEYULU,, S/O. NAGENDRA RAO, AGED ABOUT 59 YEARS, R/O. D.NO.3-187, AVULAVARI PALEM, PEDALANKA VILLAGE, KOLLURU MANDAL, BAPATIA DISTRICT, A.P. 5. NARRA VENKATA KRISHNA RAO,, S/O. ACHCHAIAH, AGED ABOUT 64 YEARS R/O. D.NO.2-42, KOLLURU VILLAGE, KOLLURU MANDAL, BAPATIA DISTRICT, A.P. 6. CHAVA PAPA RAO,, S/O. RADHA KRISHNA MURTHY, AGED ABOUT 59 YEARS R/O. D.NO.1-182, KOLLURU VILLAGE, KOLLURU MANDAL, BAPATLA DISTRICT, A.P. ...PETITIONER(S) AND 2 VS,J W.P.No.27030 of 2025 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, BAPATLA DISTRICT, BAPATLA. 4. THE MANDAL REVENUE OFFICER, KOLLURU MANDAL, BAPATLA DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION, NO.2 SECTION, KOLLURU, BAPATLA DISTRICT, A.P. 6. KOLLURU GRAM PANCHAYAT, REP. BY THE PANCHAYAT SECRETARY, KOLLURU PANCHAYAT, KOLLURU MANDAL, BAPATLA DISTRICT, A.P. 7. MUNNANGI SRINIVASA RAO, S/O. NAGA MALLESWARA RAO, R/O. KOLLURU VILLAGE, KOLLURU MANDAL BAPATLA DISTRICT, A.P. 8. PULUGUJJU SIVAIAH, S/O. NOT KNOWN TO THE PETITIONER, R/O. KOLLURU VILLAGE, KOLLURU MANDAL BAPATLA DISTRICT, A.P. 9. NARRA VENKATA RAO, S/O. NOT KNOWN TO THE PETITIONER, R/O. KOLLURU VILLAGE, KOLLURU MANDAL, BAPATLA DISTRICT, A.P. 10. PULIGUJJU VASU, S/O. NOT KNOWN TO THE PETITIONER, R/O. KOLLURU VILLAGE, KOLLURU MANDAL BAPATLA DISTRICT, A.P. 11. POLA KISHORE, S/O. NOT KNOWN TO THE PETITIONER, R/O. KOLLURU VILLAGE, KOLLURU MANDAL BAPATLA DISTRICT, A.P. ...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 any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in trying to lay a 6 feet width road by completely closing the irrigation canal of 250 3 VS,J W.P.No.27030 of 2025 meters length which is situated in Survey NOS.228-B2, 229-B1, 230-2 and 231-2 of Kolluru Village, Kolluru Mandal Bapatla District by filling up the canal with sand and stones as the irrigation canal is being used by the Petitioners for their agricultural lands situated in Kolluru Village as illegal, arbitrary and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Official Respondent authorities to stop the laying of a 6 feet width road on the closed irrigation canal and to fully restore the said canal of 250 meters length situated in Survey Nos.228-B2, 229-B1, 230-2 and 231-2 of Kolluru Village, Kolluru Mandal, Bapatia District which is being used by the Petitioners and several other farmers in Kolluru Village since time immemorial for their agricultural purposes and pass 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 pass an interim order by directing the Respondent authorities not to lay a road of 6 feet width on the closed irrigation canal situated in Survey NOS.228-B2, 229-B1 of Kolluru Village, Kolluru Mandal, Bapatia District, until disposal of the above writ petition, and pass IA NO: 2 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 pass an interim order by directing the Respondent authorities to fully restore the irrigation canal of 250 meters length situated in Survey NOS.228-B2, 229-B1, 230-2 and 231-2 of Kolluru Village, Kolluru Mandal, Bapatla District which was completely closed for the purpose of laying of a road, until disposal of the above writ petition, and pass IA NO: 3 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 extend the interim order passed by the Hon'ble High Court of A.P. dated 26.09.2025 in W.P. No. 27030/2025 to until further orders, pending disposal of the above Writ Petition Counsel for the Petitioner(S): 1. SRINIVASA RAO NARRA Counsel for the Respondent(S): 4 VS,J W.P.No.27030 of 2025 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD The Court made the following: 5 VS,J W.P.No.27030 of 2025 HONOURABLE SMT. JUSTICE V.SUJATHA WRIT PETITION No.27030 of 2025 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “…to issue any writ, order or Direction more particularly one in the nature of writ of Mandamus declaring the action of the Respondents in trying to lay a 6 feet width road by completely closing the irrigation canal of 250 meters length which is situated in Survey NoS.228-B2, 229-B1, 230-2 and 231-2 of Kolluru Village, Kolluru Mandal Bapatla District by filling up the canal with sand and stones as the irrigation canal is being used by the Petitioners for their agricultural lands situated in Kolluru Village as illegal, arbitrary and in violation of Article 14, 19, 21 and 300-A of the Constitution of India and consequently direct the Official Respondent authorities to stop the laying of a 6 feet width road on the closed irrigation canal and to fully restore the said canal of 250 meters length situated in Survey Nos.228-B2, 229-B1, 230-2 and 231-2 of Kolluru Village, Kolluru Mandal, Bapatia District which is being used by the Petitioners and several other farmers in Kolluru Village since time immemorial for their agricultural purposes…” 2. The petitioners are the owners of private agricultural properties situated in various survey numbers in Kollur Village, Kolluru Mandal, Bapatla District. The petitioners are agriculturists and are cultivating paddy in their respective agricultural lands. The case of the petitioners is that there exists a PWD canal situated in Sy.Nos.228-B2, 229-B1, 230-2 and 231-2 of Kolluru Village, which is being utilized by the petitioners and other farmers for their cultivation purpose. The length of the said irrigation canal is 250 mts, which is meant for utilization of water flowing from canal to the wet lands, which would be used for cultivating paddy. The canal is being utilized by the farmers in the locality 6 VS,J W.P.No.27030 of 2025 for cultivating nearly 70 to 80 acres of agricultural lands owned by various farmers. 3. While the things stood thus, the unofficial respondent Nos.7 to 11, who are also having agricultural lands besides the petitioners’ lands, started making efforts to lay a road on the said canal to go to their properties. Challenging the said action of the respondents, the present writ petition is filed. 4. Learned Assistant Government Pleader has furnished a copy of instructions of the Assistant Engineer, No.02 Section, Kolluru, vide letter dated 06.10.2025, wherein it is stated that the disputed land in the present writ petition in survey Nos.228-B2, 229-B1, 230-2 and 231-2 classified as PWD canal in the existing canal K.N.S No.1 Branch Canal, which irrigates nearly 500 acres in between Kolluru to Baduluru padau Villages. The canal length is 4.497 meters. The canal bank has been used by the ryots for transportation of agricultural products from several years and the canal bank formed beside the canal has existed since its inception, and any reduction in canal width would affect downstream water supply. Hence, the canal’s existing statues should be preserved and any modifications to the canal are likely to disturb irrigation facilities to the tail-end lands dependent upon its waters. In further stated that respondent Nos.7 to 11 have not closed the canal and that, without obstruction, the water is freely flowing to the canal tail-end areas. 7 VS,J W.P.No.27030 of 2025 5. The said instructions would establish the fact that the respondents have not closed the canal and that the water is freely flowing without any obstruction to the tail-end areas. 6. Recording the said instructions, the Writ Petition is closed as no further cause survives. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :01.12.2025 JLV 8 VS,J W.P.No.27030 of 2025 277 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27030/2025 Date :01.12.2025 JLV