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2025 DAILYLAW 52066 (AP)

T VIJAYA KUMAR v. The State of Andhra Pradesh,

WP/471/2023 · 2025-11-23

Ravi Cheemalapati

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010006672023 IN THE HIGH COURT OF ANDHRA PRADESH MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. T VIJAYA KUMAR, S/O.THOMAS, AGED ABOUT 30 YEARS, OCC. SARPANCH, BALLA GRAMPANCHAYAT, RAMA KUPPAM MANDAL, CHITTOOR DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. 3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT, CHITTOOR. 4. THE MANDAL DEVELOPMENT OFFICER, RAM CHITTOOR DISTRICT. 5. THE TAHSILDAR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. 6. THE STATION HOUSE OFFICER, RAMAKUPPAM POLICE STATION, CHITTOOR DISTRICT. 7. SMT KALAMMA, W/O.LATE KANDAPPA, AGE. NOT KNOWN TO THE PETITIONER IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 471/2023 T VIJAYA KUMAR, S/O.THOMAS, AGED ABOUT 30 YEARS, OCC. SARPANCH, BALLA GRAMPANCHAYAT, RAMA KUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT, THE MANDAL DEVELOPMENT OFFICER, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. THE TAHSILDAR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. THE STATION HOUSE OFFICER, RAMAKUPPAM POLICE STATION, CHITTOOR DISTRICT. SMT KALAMMA, W/O.LATE KANDAPPA, AGE. NOT KNOWN TO THE PETITIONER IN THE HIGH COURT OF ANDHRA PRADESH [3332] MONDAY,THE TWENTY FOURTH DAY OF NOVEMBER THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI T VIJAYA KUMAR, S/O.THOMAS, AGED ABOUT 30 YEARS, OCC. SARPANCH, BALLA GRAMPANCHAYAT, RAMA KUPPAM MANDAL, ...PETITIONER THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, THE DISTRICT COLLECTOR, CHITTOOR DISTRICT, CHITTOOR. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT, AKUPPAM MANDAL, THE TAHSILDAR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. THE STATION HOUSE OFFICER, RAMAKUPPAM POLICE SMT KALAMMA, W/O.LATE KANDAPPA, AGE. NOT KNOWN TO 8. SMT LALITHA, W/O.BHANU MURTHY, AGE. NOT KNOWN TO THE PETITIONER 9. SMT VARALAKSHMI, W/O.RAJA, AGE. NOT KNOWN TO THE PETITIONER 10. NARAYANASWAMY, S/O.LATE KANDAPPA, AGE. NOT KNOWN TO THE PETITIONER ALL ARE R/O.BALLA GRAMPANCHAYAT, RAMA KUPPAM MANDAL, CHITTOOR DISTRICT. ...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 an appropriate Writ, Order or Direction more particularly one in the nature of WRIT OF MANDAMUS, declaring the action of the respondents 3 to 6 in not considering the recommendations vide Roc.No.03/2021, dt.14.09.2021 of Balla Gram Panchayat and not clearing the obstructions in a public Drainage for free flow of drainage water at Opposite Gangamma Temple, Diguva Street, Balla Village, Rama Kuppam Mandal, Chittoor District. is illegal, improper, arbitrary and violation of Articles 14 and 21 of the Constitution of India, consequently direct the respondents 3 to 6 to initiate action against the respondents 7 to 10 for their illegal encroachment and obstructing the free flow of drainage water and also take steps for free flow of drainage water forthwith and 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 direct the respondents 3 to 6 to initiate action against the respondents 7 to 10 for their illegal encroachment and obstructing the free flow of drainage water and also take steps for free flow of drainage water at Opposite Gangamma Temple, Diguva Street, Balla Village. Rama Kuppam Mandal, Chittoor District, pending disposal of the main writ petition, and pass Counsel for the Petitioner: 1. PRAKASH C Counsel for the Respondent(S): 1. GP FOR HOME 2. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT 3. GP FOR REVENUE 4. GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: ORDER This writ petition is filed to declare the inaction of the respondent authorities in clearing the obstructions in the public drainage for free flow of drainage water. 2. This court vide orders dated 05.01.2023 had given liberty to the petitioner to make a complaint to the concerned authorities and on receipt of such complaint the authorities shall take appropriate action as per Rules. 3. On the last occasion, the learned counsel for the petitioner submitted that as per the orders of this Court, the petitioner had submitted a complaint to the authorities and thereafter the petitioner did not receive any communication from the authorities as to what had happened. Whereas, the learned Standing Counsel, on instructions, submitted that pursuant to the complaint received from the petitioner, the obstructions were removed. In response, the learned counsel for the petitioner sought time to get instructions. Therefore, this matter was listed this day. 4. Today, there is no representation for the petitioner. 5. In view of the submission made by the learned Standing Counsel that the obstructions were removed and as there was no representation for the petitioner today, this Court thinks it proper to close the writ petition, since nothing survives for adjudication. 6. Accordingly, this writ petition is closed. If the petitioner feels that cause still survives, he can make appropriate application for restoration of the writ petition within a period of two (02) months. There shall be no order as to costs. Pending miscellaneous applications, if any, shall stand closed. Pending miscellaneous petitions, if any, shall stand closed. _________________________ JUSTICE RAVI CHEEMALAPATI RR