APHC010287572024 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: 14421/2024 Between: 1. KAMANA LAKSHMANA RAO, S/O SRI RAMULU, AGED ABOUT 48 YEARS, R/O.D.NO.4-89,MARLAVA VILLAGE PEDDAPURAM MANDAL, KAKINADA DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, KAKINADA DISTRICT, KAKINADA. 3. THE SUPERINTENDING ENGINEER, IRRIGATION DEPARTMENT, KAKINADA KAKINADA DISTRICT. 4. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, SAMRIAKOTA, KAKINADA DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER, YELERU IRRIGATION DIVISION, PEDDAPURAM, KAKINADA DISTRICT. 6. THE TAHSILDAR, PEDDAPURAM MANDAL, PEDDAPURAM, KAKINADA DISTRICT. 7. THE PANCHAYAT SECRETORY, MARLAVA VILLAGE, PEDDAPURAM MANDAL KAKINADA DISTRICT 8. TATAPUDI LOVAMMA ALIAS TALUPULAMMA, W/O SRINU, AGED ABOUT 42 YEARS. CULTIVATION, R/O D.NO.2-14/2, MARLAVA 2 VILLAGE, PEDDAPURAM MANDAL, KAKINADA 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 topleased to issue a Writ, order or direction, especially one in the nature of Writ of Mandamus, declaring the action of the respondents No. 2 to 7 herein, in not taking any action on the 8TH respondent for making construction of RCC roof building on irrigation bund by laying pillars in the Yeleru canal, Marlava Village, Peddapuram Mandal, Kakinada District without any permission from the concerned authorities on the Yeleru canal bund, is illegal, arbitrary, and offend Art 14 and 21 of Constitution of India and consequently direct the respondents No. 2 to 7 herein to remove the illegal constructions made by the 8H respondent on irrigation bund in the Yeleru canal, Marlava Village, Peddapuram Mandal, Kakinada District, and pass IA NO: 1 OF 2024 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 leased to direct the respondent authorities to stop illegal construction being raised by the 8th respondent on irrigation bund in the Yeleru canal, Marlava Village, Peddapuram Mandal, Kakinada District pending disposal of the above Writ Petition and pass Counsel for the Petitioner: 1. JUVVINA NOOKAPATHI RAO Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD 3 The Court made the following 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, especially one in the nature of Writ of Mandamus, declaring the action of the respondents No. 2 to 7 herein, in not taking any action on the 8TH respondent for making construction of RCC roof building on irrigation bund by laying pillars in the Yeleru canal, Marlava Village, Peddapuram Mandal, Kakinada District without any permission from the concerned authorities on the Yeleru canal bund, is illegal, arbitrary, and offend Art 14 and 21 of Constitution of India and consequently direct the respondents No. 2 to 7 herein to remove the illegal constructions made by the 8H respondent on irrigation bund in the Yeleru canal, Marlava Village, Peddapuram Mandal, Kakinada District, and pass….” 2. When the matter is taken up for hearing today, learned Assistant Government Pleader has furnished copy of instructions of the Deputy Executive Engineer, Y.I Sub Division, Samalkota vide Letter No.DEE/Y.I.SD./SLO/Court Cases/190M dated 22.12.2025, wherein it is stated that the Assistant Executive Engineer i.e., 5th respondent has already issued a notice to the 8th respondent on 24.05.2024, directing her not to proceed with the constructions and in pursuance of the same illegal construction was stopped. It is further stated that no construction activity is being carried out by the 8th respondent and presently condition of the irrigation bund is same as the previous position. 4 3. Recording the same, this Writ Petition is disposed of. The respondents are directed to protect the irrigation bund in Yeleru Canal, Marlava Village, Peddapuram Mandal, Kakinada District from making any illegal constructions. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 22.12.2025 MH 5 THE HONOURABLE SMT JUSTICE V.SUJATHA 84 WRIT PETITION NO: 14421/2024 Date: 22.12.2025 MH