1 APHC010277872025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 13974/2025 Between: 1. BATCHU VENKATA SUBBAMMA, W/O B. JAGANNADHA RAO (LATE), AGED ABOUT 68 YEARS, OCC HOME MAKER, R/O KUCHUPUDI ENCLAVE, NAGARJUNA NAGAR, VIJAYAWADA, NTR DISTRICT ...PETITIONER AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT, VELGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE SUPERINTENDENT ENGINEER, IRRIGATION CIRCLE, VIJAYAWADA, NTR DISTRICT 3. THE EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, DRAINAGE CANALS DIVISION, GUDIVADA, KRISHNA DISTRICT 4. THE DEPUTY EXECUTIVE ENGINEER IRRIGATION DEPARTMENT, SPECIAL DRAINAGE SUB DIVISION, CHALLAPALLI VILLAGE AND MANDAL, KRISHNA DISTRICT 5. BATCHU VENKATESWARA RAO, S/O. BATCHU SURYA PRAKASH RAO, AGED ABOUT 65 YEARS, OCC AGRICULTURE, R/O NEAR RAMALAYAM.MODUMUDI VILLAGE, AVANIGADDA MANDAL, KRISHNA DISTRICT 2 6. BATCHU VENKATESWARA RAO, S/O. BATCHU CHALAPATHI, AGED ABOUT 64 YEARS, OCC RETIRED TEACHER, R/O 2ND WARD NEAR RAMA COLONY, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT 7. BATCHU SUBBA RAO, S/O. BATCHU SRINIVASA RAO, AGED ABOUT 60 YEARS, OCC AGRICULTURE, R/O NEAR PALAKENDRAM,MODUMUDI VILLAGE, AVANIGADDA MANDAL, KRISHNA DISTRICT 8. GAJULA VARADARAJULU, S/O. GAJULA CHALAPATHY, AGED ABOUT 65 YEARS, OCCAGRICULTURE, R/O. 3RD WARD NEAR HINDI POORNA COACHING CENTRE, AVANIGADDAVILLAGE AND MANDAL, KRISHNA DISTRICT 9. THE TAHSILDAR/ MANDAL REVENUE OFFICER, AVANIGADDA VILLAGE AND MANDAL, KRISHNA DISTRICT 10. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA 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 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 direct the respondents not to construct a Cement platform/Culvert on the canal land located adjacent to petitioner's land admeasuring Ac. 1.96 cents which is situated in R.S.No.736-1 in Modumudi Village, Avanigadda Mandal, Krishna Districtand pass Counsel for the Petitioner: 1. D V SASIDHAR Counsel for the Respondent(S): 1. GP FOR REVENUE 3 2. GP FOR IRRI AND CAD 3. GHANTASALA UDAYA BHASKAR The Court made the following: 4 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 one more Particularly, one in the nature of Writ of Mandamus, declaring the action of respondents no. 4 to 8 in constructing a cement platform/ culvert on the canal land located adjacent to petitioners land admeasuring Ac.1.96 cents which is situated in R.S.No.736-1 in ModumudI' Village, Avanigadda Mandai, Krishna District as bad, IllegaI, arbitrary and violative of Articles 14, 21 and 300-A of Constitution of India and also violative principles on natural justice apart from being contrary to the Endorsement issued by the 9th respondent vide F3.C.A. PGRS No.17/2025 dated 16.05.2025 and Consequently direct the respondents not to construct a cement platform/culvert on the canal land located adjacent to petitioners land admeasuring Ac.1.96 cents which is situated in R.S.No.736-1 in Modumudi Village, Avanigadda Mandal, Krishna District….” 2. Brief facts of the case are that the petitioner herein is the owner and possessor of a land admeasuring Acs.1.96 cents situated in R.S.No.736-1 in Modumudi village, Avanigadda mandal, Krishna District, which was devolved upon her from her late husband i.e. B. Jagannadha Rao. The said land is bounded on one side by a canal which flows through Sy.Nos.727, 728, 730, 737 etc. The respondent Nos.5 to 8 are the owners of the land situated adjacent to the petitioner’s property. 3. While the matter stood thus, the respondent Nos.5 to 8, without obtaining any permission from the gram panchayat and other department officials, attempted to construct a cement platform/culvert over the said canal in order to use it as a pathway for ingress and egress to their lands. The 5 grievance of the petitioner is that, if at all the said platform/culvert is constructed by the respondent Nos.5 to 8, the natural flow of the canal would alter which might lead to backwater flooding to the petitioner’s land. As such, the petitioner had submitted a representation to the respondent authorities on 05.05.2025 through Public Grievance Redressal System (PGRS), pursuant to which, the 9th respondent has issued an endorsement on 16.05.2025 stating that as per the report dated 15.05.2025 of the Village Revenue Officer and Revenue Inspector, Modumudi village, there is no pathway to the petitioner’s land and if a pathway is constructed, the same would lead to accumulation and overflow of water into the petitioner’s land. The grievance of the petitioner is that, in spite of the said endorsement of the 9th respondent, the respondent Nos.5 to 8, in collusion with the respondent authorities are actively taking steps to construct a cement platform/culvert on the canal land. Though the said action of the unofficial respondents was brought to the notice of the 4th respondent by the petitioner by way of representations dated 17.05.2025 and 21.05.2025, till date, no action was initiated. Aggrieved by the same, the petitioner has filed the present petition. 4. When the writ petition came up for admission on 29.05.2025, this Court has directed the respondents to maintain status-quo existing as on that day. 5. The 3rd respondent has filed a detailed counter affidavit stating that the farmers of Modumudi village of Avanigadda mandal, Krishna district have approached the 4th respondent and requested to inspect the location of Modumudi drain that passes adjacent to their fields and further requested to 6 accord permission for construction of pipe culvert on the drain so that it would be easier for the vehicles to cross the drain. On such request, the 4th respondent assured the farmers that the said drain would be inspected, but, no such permission was accorded to the farmers of Modumudi village for construction of pipe culvert/cement platform on the Modumudi drain. Hence, requested to dismiss the writ petition. 6. Heard Sri. D.V. Sasidhar, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 7. On a perusal of the entire material available on record, it can be seen that the petitioner has submitted representations to the respondent authorities requesting to take necessary action against the respondent Nos.5 to 8 as they are trying to construct a cement platform/culvert over Modumudi drain of Modumudi village of Avanigadda mandal. However, it can be understood from the counter affidavit of the 3rd respondent that on the request made by a few farmers of Modumudi village of Avanigadda mandal, Krishna district, the 4th respondent has only assured the farmers that the said drain would be inspected, but, so far, the construction of pipe culvert/cement platform over the said drain as claimed by the petitioner was not constructed. The said fact establishes that it is only an apprehension of the petitioner that the unofficial respondents are trying to construct a pipe culvert/cement platform over the Modumudi drain. As such, this Court is of the opinion that there are no merits in the present case, however, as the respondent authorities have not passed any orders on the representations submitted by the petitioner on 17.05.2025 7 and 21.05.2025. This writ petition is disposed of directing the respondent No.4 to pass appropriate orders on the representations dated 17.05.2025 and 21.05.2025 made by the petitioner, within a period of four (4) weeks from the date of receipt of a copy of this order, in accordance with law. 9. Accordingly, this writ petition is disposed of. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date:07.10.2025. Gss