APHC010574542017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 32144/2017 Between: 1. SUN SREENIVASULU REDDY, S/O. BALA RAMI REDDY, AGED 58 YEARS, 2. POONDLA AYYAPA REDDY, S/O. RANGA REDDY, AGED ABOUT 55 YRS, 3. POONDLA VENKAREDDY, S/ O. SHANKARA REDDY, AGED ABOUT 55 YRS 4. KONDURU KRISHNA REDDY, S/O. DASARADHA RAMI REDDY, AGED ABOUT 46 YRS, 5. GOSALA RAMANA REDDY, S/O. LAKSHMA REDDY, AGED 80 YRS, 6. POONDLA SREENIVASULU REDDY,, S/O. SUNDARARAMIREDDY, AGED 43 YRS, 7. REMALA KONDAREDDY, S/O. RAMACHANDRAREDDY, AGED 40 YRS, 8. GHEEKI REDDY INDRA REDDY,, S/O. VEERA REDDY, AGED ABOUT 40 YRS, 9. CHEJERLA RAMANA REDDY, S/O. PITCHI REDDY, AGED ABOUT 70 YRS, 10. TIRUMALA SETH VENKAIAH, S/O. CHINNAIAH AGED ABOUT 75 YRS, 11. AMMISETTY VENKAIAH, S/O. VENKATESWARLU, AGED 37 YRS, 2 VS,J W.P.No.32144 of 2017 12. TIRUMALASETTI VENKAIAH S/O. THIRUPATAIAH, AGED 45 YRS,, - 13. KONDURU SREEHARI REDDY,, S/O. TIRUPATHI REDDY, AGED 36 YRS, 14. KUNNAM KOTAREDDY, S/O. KONDA REDDY AGED ABOUT 57 YEARS 15. VELAMURI SREENIVASA REDDY, S/O. RAGHAVAREDDY AGED ABOUT 56 YRS, ALL ARE R/O. GOWARAVARAM VILLAGE, KAVALI MANDAL, SPSR NELLORE DIST. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION EA COMMAND AREA, SECRETARIAT BLDGS, VELAGAPUDI, GUNTUR DIST. 2. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, NELLORE, NELLORE DIST. 3. THE DISTRICT COLLECTOR SPSR NELLORE DIST AT NELLORE, - 4. THE REVENUE DIVISIONAL OFFICER, KAVALI, SPSR NELLORE DIST. 5. THE THASILDAR KAVALI MANDAL SPSR NELLORE DIST, - 6. THE EXECUTIVE ENGINEER PWD DEPT KAVALI NELLORE DIST, - ...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 a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondents in seeking to remove old tank bund of Gowravaram village tank and seeking to encroach more than 10 meter of width, into 1 1/2 km length and seeking to form new bund on the said tank by altering original plan without any authority or order amounts to erroneous arbitrary and violative Art.14 and 21 of Constitution of India besides being violative principles of Natural Justice and consequently direct the respondents not to remove this existing tank bund and not to undertake any 3 VS,J W.P.No.32144 of 2017 sorts of encroachment of the tank land namely Gowaravaram village tank of Gowaravaram village Kavali Mandal, SPSR Nellore Dist. in interest of justice IA NO: 1 OF 2017(WPMP 40017 OF 2017 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 direct the respondents not to remove the existing tank Dund and not to undertake any sorts of encroachment of the tank land namely Gowaravaram village tank of Gowaravaram village, Kavali Mandal, SPSR Nellore Dist. in interest of justice pending disposal of the writ petition IA NO: 2 OF 2017(WPMP 42352 OF 2017 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 implead We proposed respondents i.e, 1. Union India, Rep by its Secretary, Ministry of Road Transport and Highways, New Delhi 2. The Project Director, National High Way Authority of India, Bypass Road Junction, Nellore as respondents 7 & 8 in the above writ petition including WPMPs and may be pleased to permit the petitioner to carry out consequential amendment of pleadings under Rule 28 of Civil Rules of Practice in the interest of justice. Counsel for the Petitioner(S): 1. T C KRISHNAN Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS,J W.P.No.32144 of 2017 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the action of respondents in seeking to remove old tank bund of Gowravaram village tank and seeking to encroach more than 10 meter of width, into 1 ½ km length and seeking to form new bund on the said tank by altering original plan without any authority or order amounts to erroneous arbitrary and violative Art.14 and 21 of Constitution of India besides being violative, principles of Natural Justice and consequently direct the respondents not to remove the existing tank bund and not to undertake any sorts of encroachment of the tank land namely Gowaravaram village tank of Gowaravaram village, Kavali Mandal, SPSR Nellore Dist..…” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation has produced a copy of instructions of the Executive Engineer, WRD, Nellore North Division, Kavali vide Letter No.EE/NN/KVL/439M, dated 04.10.2025, wherein it is stated that after filing of the present writ petition, consultations were held with the petitioners, and their request was considered. Consequently, the location of the sluice was restored to its original location without disturbing the tank bund or altering the original plan. 4. In view of the above and as the issue with regard to the Gowravaram tank in Kavali Mandal has been resolved amicably, this Court is of the opinion that no further orders are necessary. 5 VS,J W.P.No.32144 of 2017 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR