Madala Hanumantha Rao v. THE STATE OF ANDHRA PRADESH
WP/27303/2025 · 2025-10-14
V Sujatha
body2025
DailyLaw.ai
[ 2025 DAILYLAW 55068 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 55068 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
■I APHC010523342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT I THE HONOURABLE SMT JUSTICE V.SUJATHA • \ WRIT PETITION NO: 27303 OF 2025 Between:
1. Madala Hanumantha Rao, S/o. Subbaiah, Aged 72 years, Occupation- Cultivation, R/o. 3-14-100, 2nd Line, Old Pattabhipuram, Guntur Town and District - 522006. 2. Madala Rama Tulasi, W/o. Hanumantha Rao, Aged 60 years, Occ- Cultivation, R/o. 3-14-100, 2nd Line, Old Pattabhipuram, Guntur Town and District - 522006. 3. Madala Kalyani, Radha Krishna Murthy, Cultivation, Erstwhile Prakasam District. 4. Putta Ramaseethamma, W/o. Anjaiah Cultivation, Erstwhile Prakasam District. Aged 55 years, Occ R/o. Govada Village, Addanki Mandal, Baptia District, Aged 60 years, Occ- R/o. Govada Village, Addanki Mandal, Bapatia District, ...Petitioners AND
1. The State of Andhra Pradesh, Rep. by its Principal Secretary to the Government, Water Resources Department Secretariat, Velagapudi, Amaravati, Guntur District. 2. The Chief Engineer, Water Resources Department Government of Andhra Pradesh, Irrigation Bhavan, Vijayawada, NTR District. 3. The District Collector, Bapatia District Prakasam District. at Bapatia, Erstwhile
4. The Superintending Engineer, Water Resources Department, Bapatia, Bapatia District. 5. The Deputy Executive Engineer, Water Resources Department, Addanki, Bapatia District, Erstwhile Prakasam District. 6. The Assistant Executive Engineer, Water Resources Department, Addanki Addanki Mandal, Bapatia District, Erstwhile Prakasam District. ...Respondents 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 a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in demolishing long standing culvert in Nagarjuna Sagar field irrigation canal serving to and pro approach to petitioners lands of Ac. 12.00 Cents in Sy. Nos. 312-3C and 316-1 situated in Chinakothapalli Village, Addanki Mandal of Bapatia District, as illegal, irregular, violative of principles of natural justice and offends Articles 14, 19 and 21 of constitution of India and consequently direct the respondents either to reconstruct said culvert or alternatively permit the petitioners to build said culvert at petitioners’ expense.
lA 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 to direct the respondents to restore culvert at an appropriate location across the field irrigation canal Nagarjuna Sagar project for the purpose of ingress and egress to petitioners’ total agricultural property admeasuring Ac. 12.00 Cents in Sy.No’s. 312-3C and 316-1 situated in Chinakothapalli Village, Addanki Mandal of Bapatia District, Erstwhile Prakasam District or alternatively grant permission to petitioners to errect culvert at their expense, pending disposal of the main Writ Petition. n T Counsel for the Petitioners: SMT. NIMMAGADDA REVATHI Counsel for the Respondent No.2: GP FOR REVENUE Counsel for the Respondents No.1,2,4,5& 6: GP FOR IRRI AND CAD The Court made the following:
APHC010523342025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) • I [3333] WEDNESDAY.THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 27303/2025 Between:
1.MADALA HANUMANTHA RAO, S/O. SUBBAIAH 72 YEARS, OCCUPATION- CULTIVATION, R/O. 3-14-100, 2ND LINE, OLD PATTABHIPURAM, GUNTUR TOWN AND DISTRICT - 522006. AGED 2.MADALA RAMA TULASI, W/0. HANUMANTHA RAO, AGED 60 YEARS, OCC- CULTIVATION, R/O. 3-14-100, 2ND LINE, OLD PATTABHIPURAM, GUNTUR TOWN AND DISTRICT - 522006. 3.MADALA KALYANI, RADHA KRISHNA MURTHY, AGED CULTIVATION, 55 YEARS, OCC VILLAGE, ADDANKI MANDAL, ERSTWHILE PRAKASAM DISTRICT. R/O. GOVADA BAPTIA DISTRICT, 4.PUTTA RAMASEETHAMMA, , W/0. ANJAIAH, AGED 60 YEARS, OCC- CULTIVATION, R/O. GOVADA VILLAGE, ADDANKI MANDAL, BAPATIA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. ...PETITIONER(S) AND
2 W.P.NO.27303 OF 2025 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO THE GOVERNMENT, WATER RESOURCES DEPARTMENT SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2.THE CHIEF ENGINEER, , WATER RESOURCES DEPARTMENT GOVERNMENT OF ANDHRA PRADESH, IRRIGATION BHAVAN, VIJAYAWADA, NTR DISTRICT. 3.THE DISTRICT COLLECTOR, BAPATIA DISTRICT AT BAPATIA, ERSTWHILE PRAKASAM DISTRICT. 4.THE SUPERINTENDING ENGINEER, WATER RESOURCES DEPARTMENT, BAPATIA, BAPATIA DISTRICT. 5.THE DEPUTY EXECUTIVE ENGINEER, WATER BAPATIA RESOURCES DEPARTMENT, ADDANKI, DISTRICT, ERSTWHILE PRAKASAM DISTRICT.
6.THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, ADDANKI MANDAL, BAPATIA DISTRICT, ERSTWHILE PRAKASAM DISTRICT. ADDANKI ...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 more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in demolishing long standing culvert in Nagarjuna Sagar field irrigation canal serving to and pro approach to petitioners lands of Ac. 12.00 Cents in Sy. Nos. 312-3C and 316-1 situated in Chinakothapalli Village, Addanki Mandal of Bapatia District, as illegal, irregular, voilative of principles of natural justice and offends Articles 14, 19 and 21 of constitution of India and consequently direct the respondents either to reconstruct said culvert or alternatively
3 VS,J W.P.NO.27303 OF 2025 permit the petitioners to build said culvert at petitioners expense and pass lA 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 to restore culvert at an appropriate location the field irrigation canal Nagarjuna Sagar project for the of ingress and egress to petitioners’ total agricultural property admeasuring Ac. 12.00 Cents in Sy.No’s. 312-3C and 316- situated in Chinakothapalli Village, Addanki Mandal of Bapatia District, across purpose 1 Erstwhile Prakasam District or alternatively grant permission to petitioners to errect culvert at their expense. pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S):
1.NIMMAGADDA REVATHI Counsel for the Respondent(S):
1.GP FOR REVENUE 2.GP FOR IRRI AND CAD The Court made the following:
It. 4 VS,J <(> W.P.NO.27303 OF 2025
ORDER:- the This writ petition is filed under Article 226 of Constitution of India seeking the following relief:
“....to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of respondents in demolishing long standing culvert in Nagarjuna Sagar field irrigation canal serving to and pro approach to petitioners’ lands of Ac.12.00 Cents in Sy. Nos.312-3C and 316-1 situated in Chinakothapalli Village, Addanki Mandal of Bapatia District, as illegal, irregular, voilative of principles of natural justice and offends Articles 14, 19 and 21 of constitution of India and consequently direct the respondents either to reconstruct said culvert or alternatively permit the petitioners to build said culvert at petitioners’ expense ...” The petitioners are the absolute owners and cultivators of the agricultural lands covered by Sy.Nos.312-3C and 316-1 of Chinakothapalli village, Adanki Mandal, Bapatia District (erstwhile Prakasam District), having succeeded from their ancestors, totaling to an extent of Ac.12.00 cents. The petitioners names are also mutated in the revenue records.
2. The case of the petitioners is that the agricultural lands, which have been cultivated for generations, have been rendered inaccessible due to the construction of the Nagarjuna Sagar Project (NSP) canal from the respondents. A substantial portion of the petitioners’ holdings were acquired for the said project. Consequently, the canal now runs through and bifurcates the
3.
5 W.P.NO.27303 OF202:_ petitioners’ agricultural lands cutting off ingress and creating a physical barrier and egress to the remaining portions. To overcome this difficulty, the petitioners constructed a small culvert at their own cost, without causing any obstruction to the flow of water. This culvert facilitated safe agricultural implements, while passage of men, cattle and ensuring the unhindered flow of canal water.
4. However, respondent Nos.5 & 6, without or assigning any valid reason issuing any notice removed the culvert, which constituted the only access to the petitioners The petitioners agricultural lands. were therefore constrained to make a representation to the respondents on 08.09.2025, permission to erect/restore a culvert Project (NSP) canal, thereby enabling requesting over the Nagarjuna Sagar access to their agricultural lands to an extent of Ac. 12-00 cents in Sy.Nos.312-3C and 316-1 of Chinakothapalli Village, Addanki Mandal, Bapatia District. As no action has been taken on the said representation, the petitioners are constrained to file this writ petition.
5. Heard
learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation and Revenue.
6 VS,J W.P.N0.27303 OF 2025 Since the petitioners limited his request to disposal of his representation dated 08.09.2025, instead of going into merits of the case, this Court feels it appropriate to dispose of the writ
6. petition by directing respondent Nos.4 & 5, who are the answering respondents, to pass appropriate orders on the representation made by the petitioner on 08.09.2025 after duly conducting an enquiry in accordance with law within a period of eight (08) weeks from the date of receipt of a copy of this order.
6. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Miscellaneous petitions pending, if any, in this Writ Petition shall stand closed.
Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER To Secretary to the Government, Water Resources
1. The Principal Department Secretariat, Velagapudi, Amaravati, Guntur District. Water Resources Department Government of
2. The Chief Engineer Andhra Pradesh, Irrigation Bhavan, Vijayawada, NTR District, at BapatIa, Erstwhile
3. The District Collector, BapatIa District Prakasam District.
4. The Superintending Engineer, Water Resources Department, BapatIa, BapatIa District.
5. The Deputy Addanki, BapatIa District, Erstwhile Prakasam District. Executive Engineer, Water Resources Department, Addanki Addanki Mandal, BapatIa District, Erstwhile Prakasam District. Executive Engineer, Water Resources Department,
6. The Assistant
7. One CC to Smt. NIMMAGADDA REVATHI, Advocate [OPUC]
8. Two CCs to GP for REVENUE, High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for IRRI AND CAD, High Court of Andhra Pradesh [OUT]
10. Two CD Copies vna
HIGH COURT DATED:15/10/2025
ORDER WP NO. 27303 OF 2025 r 0 5 NOV 2025 IS O iSiJi!wltSectioaxJ^ DISPOSING OF THE WRIT PETITION WITHOUT COSTS