APHC010647032023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 33312/2023 Between: 1. NANDIGAM VENKATA KOTESWARARAO,, S/O VENKATA SUBBAIAH, AGED 62YEARS, OCC AGRICULTURE, VELERU VILLAGE, VELERU VILLAGE, BAPULAPADU MANDAL, KRISHNA DIST., ANDHRA PRADESH. 2. GARAPATI NAGENDRAMMA,, W/O VEERA HANUMANTHARAO, AGED 55 YEARS, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 3. DANDAMUDI SEETHARAMAYYA,, S/O SATYANARAYANA, 62 YEARS, OCC. AGRICULTURE VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 4. DANDAMUDI SREERAMYA,, S/O ASISH CHOWDARY, 33YEARS, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 5. NANDIGAM NAGALAKSHMI,, W/O SRINIVASARAO, AGED 51 YEARS, VELERU VILLAGE, VELERU VILLAGE, BAPULAPADU MANDAL, KRISHNA DIST., ANDHRA PRADESH. 6. NANDIGAM NAGA MANI,, W/O VENKATA KOTESWARARAO, AGED 58 YEARS, VELERU VILLAGE, VELERU VILLAGE, BAPULAPADU MANDAL, KRISHNA DIST., ANDHRA PRADESH. 7. DANDAMUDI NAGESWARARAO,, S/O SUNDARA RAMAYYA, 63 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 2 VS,J W.P.No.33312 of 2023 8. DONAVALLI VENKATARATNAM,, S/O VENKATARAMAYYA, AGE 68 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 9. D.V.N.PRASAD,, SIO TATARAO, AGED 52 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 10. D.SRINIVASARAO,, S/O BULLI NAGAIAH, AGE 56 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 11. A.LOKAHARINADH BABU, , S/O SESHAGIRIRAO, AGE 57 YEARS, OCC. AGRICULTURE ,VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 12. A.NARAYANARAO,, S/O RAMASASTHRULU, AGE 73 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 13. A. LOKESWARARAO, , S/O SESHAIAH, AGE 82 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 14. A.SIVA RAM PRASAD,, S/O VENKATESWARARAO, AGE 58 YEARS, OCC. AGRICULTURE , VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 15. K.SAMBASIVARAO,, S/O RAMASESHAIAH, AGE 74 YEARS, OCC. AGRICULTURE ,VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 16. A.RAJARAMMOHAN RAO,, S/O VENKATADRI, AGE 73 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 17. A.SATYANARAYANA,, S/O VENKATADRI, AGE 81 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 18. NIMMAGADDA VIJAYALAKSHMI,, W/O JAGANMOHANRAO, AGE 64 YEAR, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA 3 VS,J W.P.No.33312 of 2023 DIST., ANDHRA PRADESH. 19. ALLA VENKATA VIJAYALAKSHMI,, W/O RAMALINGA PRASAD, AGE74 YEARS, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 20. V.SRI HARI,, S/O DASARADHA RAMAIAH, AGE 62 YEARS, OCC. AGRICULTURE, VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH. 21. V.SRINIVASARAO,, S/O DSSARADHA RAMAIAH, AGE 61 YEARS, OCC. AGRICULTURE ,VELERU VILLAGE, BAPULAPADUMANDAL, KRISHNA DIST., ANDHRA PRADESH ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE STATE OF ANDHRA PRADESH, REP BY ITS SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, MACHILIPATNAM, KRISHNA DISTRICT, ANDHRA PRADESH. 4. THE REVENUE DIVISIONAL OFFICER, GUDIVADA , KRISHNA DT, ANDHRA PRADESH. 5. THE MANDAL REVENUE OFFICER, BAPULAPADU MANDAL, KRISHNA DT, ANDHRA PRADESH 6. THE EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, SPECIAL DIVISION, VIJAYAWADA. 7. SRI SOLOMON RAJU, S/O YEHON, VELURU VILLAGE, BAPULAPADU MANDAL, KRISHNA DT, ANDHRA PRADESH-521110. 8. SMT VELAMATI KUSUMASRI, W/O VELAMATI ASHOK, KOWALI, 4 VS,J W.P.No.33312 of 2023 DENDULURU MANDAL, WEST GODAVARI DT-534442. 9. VELERU GRAM PANCHAYAT, REP. BY PANCHAYAT SECRETARY, VELERU VILLAGE, BAPULAPADU MANDAL, KRISHNA DT, ANDHRA PRADESH. ...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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the in action of the respondents for not protecting Yerra Gunta Cheruvu, Veleru Village, Bapulapadu Mandal, Krishn Dt from illegal extractors even after representations dated 12.06.2023, 26.06.2023 and 03.07.2023 as illegal, arbitrary, unjust, unconstitutional and to direct the respondents to protect Yerra Gunta Cheruvu, Veleru Village, Bapulapadu Mandal, Krishn Dt from illegal extractors 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 pleased to direct the respondents to protect “Yerra Gunta Cheruvu”, Veleru Village, Bapulapadu Mandal, Krishn Dt from illegal extractors 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 pleased to vacate the interim orders on 05-01-2024 in WP.No. 33312 of 2023 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. A V S LAXMI Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja Parishads,Mandal Praja Parishads and Gra 5 VS,J W.P.No.33312 of 2023 3. GP FOR IRRI AND CAD (AP) The Court made the following: 6 VS,J W.P.No.33312 of 2023 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 or Order or Direction more particularly one in the nature of Writ of Mandamus declaring the in action of the respondents for not protecting Yerra Gunta Cheruvu, Veleru Village, Bapulapadu Mandal, Krishn Dt from illegal extractors even after representations dated 12.06.2023, 26.06.2023 and 03.07.2023 as illegal, arbitrary, unjust, unconstitutional and to direct the respondents to protect Yerra Gunta Cheruvu, Veleru Village, Bapulapadu Mandal, Krishn Dt from illegal extractors and pass….” 2. The petitioners herein are in possession of lands adjacent to „Yerra Gunta Cheruvu‟ situated in Veleru village Bapulapadu mandal, Krishna district and the water of the said tank is used for the purpose of irrigation and drinking. The 6th respondent herein, vide letter dated 30.05.2023, permitted respondent Nos.7 and 8 to extract silt from the said tank up to 0.5 meters to an extent of 4000 cubic meters. However, soil from the said tank is being extracted in contravention to the permission accorded i.e. more than permitted limits. As such, the petitioners submitted a representation to the respondent authorities on various occasions i.e. 12.06.2023, 26.06.2023 and 03.07.2023, but thereupon, no action was initiated by the respondent authorities. Aggrieved by the said inaction of the respondent authorities, the present petition is filed. 7 VS,J W.P.No.33312 of 2023 3. When the writ petition came up for hearing on 05.01.2024, this Court has passed the following interim order: “In view of the facts and circumstances and having regard to the submissions made by the learned counsel for the petitioners, there is a prima facie case in favour of the petitioners, there shall be an interim direction, directing Respondent Nos.5, 6 and 9 not to allow any further excavation with reference to the proceedings issued on 16.06.2023 addressed by Respondent No.6 to Respondent No.9.” 4. Heard Smt. A.V.S. Laxmi, learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation and learned Standing Counsel for 9th respondent. 5. Today when the writ petition came up for hearing, learned Standing Counsel furnished a letter addressed by the Panchayat Secretary, Veleru gram panchayat, Bapulapadu mandal, Krishna district dated 02.03.2024 wherein it is stated that pursuant to the interim order passed by this Court on 05.01.2024, excavations at Yerra Gunta cheruvu situated in Veleru village Bapulapadu mandal, Krishna district were stopped and that if unauthorized excavation takes place at the said water tank, action would be initiated by following due process of law. 6. In view of the fact that the excavations at Yerra Gunta cheruvu situated in Veleru village Bapulapadu mandal, Krishna district were stopped and as action would be initiated by the 9th respondent against those who excavate 8 VS,J W.P.No.33312 of 2023 Yerra Gunta cheruvu without authorization, this Court is of the opinion that no further cause survives in the present writ petition. 7. Accordingly, this writ petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA 04.11.2025 Gss