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APHC010609392025
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE EIGHTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 31591/2025 Between:
1. K NADHAMUNI REDDY, S/O LATE UTTAREDDY, AGED ABOUT 62 YEARS, OCC- AGRICULTURE, R/O H.NO.1-133, EGUVA MATHYAM, TAVANAMPALLI MANDAL, CHITTOOR DISTRICT. 2. R. PRATAP REDDY,, S/O LATE R. SANKAR REDDY, AGED ABOUT 68 YEARS, OCC- AGRICULTURE, R/O H.NO.2-52A, DIGUVA MATHYAM, TAVANAMPALLI MANDAL, CHITTOOR DISTRICT. 3. VEMULA YUGANDHAR,, S/O JYOTHISWAR, AGED ABOUT 43 YEARS, OCC- AGRICULTRUE R/O 3-68/2, EGUVA MATHYAM, TAVANAMAPALLI MANDAL, CHITTOOR DISTRICT. 4. SUDHIR KUMAR REDDY,, S/O R. SADANANDA REDDY, AGED ABOUT 48 YEARS, OCC- AGRICULTURE R/O H.NO.1-98, EGUVA MATHYAM, TAVANAMPALLI MANDAL, CHITTOOR DISTRICT. 5. D. JAHIR,, S/O D. NAGOOR BASHA, AGED ABOUT 25 YEARS, OCC- AGRICULTURE, R/O H.NO.3-138, EGUVA MATHYAM, TAVANAMPALLI MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT,
SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT
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3. SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, CHITTOOR DISTRICT
4. SUPERINTENDENT ENGINEER, ROADS AND BUILDINGS, CHITTOOR DISTRICT. 5. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, CHITTOOR DISTRICT
6. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATIION DEPARTMENT, TAVANAMAPALLI, CHITTOOR DISTRICT. 7.
THE MANDAL REVENUE OFFICER, TAVANAMPALLI MANDAL,
...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 an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondents 2 to 7 in not taking any action on our representation dated 18.09.2025 and 21.10.2025 in not diverting the rain water stagnated in the petitioners agricultural lands by opening the water channels of Mathyam Cheruvu as illegal, improper, unjust, arbitrary and violative of Article 14 and 16 of the Constitution of India as illegal, improper, unjust, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the Respondents 2 to 7 to divert the water to the main canals by opening the water outlets (Thoomu) stagnated in the agricultural fields of the petitioners and pass 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 2 to 7 to divert the water to the main canals by opening the water outlets (Thoomu) stagnated in the agricultural fields of the petitioners by considering the representation dated 18.09.2025 and 21.10.2025 of the petitioners, forthwith pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S):
1. Y MAHA LAKSHMI Counsel for the Respondent(S):
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1. GP FOR ROADS BUILDINGS
2. GP FOR REVENUE
3. GP FOR IRRI AND CAD The Court made the following:
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HONOURABLE SMT.
JUSTICE V.SUJATHA WRIT PETITION No.31591 of 2025 ORDER:
The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-
“…to issue an order, direction, writ, more particularly Writ of Mandamus declaring the action of the Respondents 2 to 7 in not taking any action on our representation dated 18.09.2025 and 21.10.2025 in not diverting the rain water stagnated in the petitioners’ agricultural lands by opening the water channels of Mathyam Cheruvu as illegal, improper, unjust, arbitrary and violative of Article 14 and 16 of the Constitution of India as illegal, improper, unjust, arbitrary and violative of Article 14 and 16 of the Constitution of India and consequently direct the Respondents 2 to 7 to divert the water to the main canals by opening the water outlets (Thoomu) stagnated in the agricultural fields of the petitioners…”
2. The 1st petitioner is a pattadar and possessor of land in LP No.565 of Muthyam Village, Tavanampalli Mandal and the other petitioners are also pattadars of the agricultural land in Eguva Mathyam Village. They are doing cultivation in the said agricultural land and residing beside the agricultural fields by constructing houses. 3. The grievance of the petitioners is that in view of the heavy rainfall, the water flowing from the Thumba project is flowing to the Neeva river through the Thumbapalyam Vanka and as such, the Government constructed a check dam for Thumba river. The irrigation officers, without taking any precautionary measures have expanded the irrigation canal, because of which, the rain water is flowing through Mathyam Cheruvu and the Matyam Cheruvu water was over flown and flowing into the petitioners’ agricultural fields. 5
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4. In the year 2020, the then District Collector visited the petitioners’ land on the representations made by the villagers and directed the concerned Officers to divert the water to the main canals by opening the water outlets. Accordingly, the Irrigation Officers have opened three water outlets and diverted the water which was lying in the petitioners’ agricultural fields to the main canals. 5.
Thereafter, some of the encroachers have encroached the canal and closed the said water outlets. In view of the same, the petitioners submitted representations on 18.09.2025 and 21.10.2025 to respondent Nos.2 to 7 requesting them to divert the rain water stagnated in the petitioners’ agricultural land by opening the water outlets at Mathyam Cheruvu. As no action has been initiated in pursuance of their representations, the present Writ Petition is filed. 6. Heard learned counsel for the petitioner as well as learned Assistant Government Pleader for Civil Supplies appearing for the respondents. 7. In view of the fact that the representations were made to respondent Nos.2 to 7, this Court feels it appropriate to dispose of the writ petition by directing respondent No.2, who is the concerned authority to pass appropriate orders on the representations dated 18.09.2025 and 21.10.2025 made by the petitioners, within a period of three (03) weeks from the date of receipt of copy of this order. 6
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8. Accordingly, the Writ Petition is disposed of directing respondent No.2 to pass appropriate orders on the representations dated 18.09.2025 and 21.10.2025 made by the petitioners, within a period of three (03) weeks from the date of receipt of copy of this order. No costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. ____________________ JUSTICE V.SUJATHA Date :18.11.2025 JLV
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177 THE HONOURABLE SMT JUSTICE V.SUJATHA
WRIT PETITION NO: 31591/2025
Date :18.11.2025 JLV