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High Court of Andhra Pradesh · body

2025 DAILYLAW 57833 (AP)

Nekkala Satyanarayana, v. The State Andhra Pradesh,

WP/12639/2022 · 2025-10-26

V Sujatha

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

APHC010214242022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY,THE TWENTY SEVENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 12639/2022 Between: 1. NEKKALA SATYANARAYANA,, S/O NAGULU, AGED 45 YEARS, R/O. KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 2. SAKHINALA VEERABHADRA RAO,, S/O. PEDDA KAPU @ APPALA SWAMY, AGED 49 YEARS, R/O. KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 3. NAMA SATHIBABU, S/O LATE VEERASWAMY, AGED 56 YEARS, R/O D.NO.2-44, KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 4. MUTHA JOGARAO,, S/O LATE LAKSHMANA, AGE 39 YEARS, R/O D.NO.2-178, KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 5. GANTHAGOLU VENKATA RAMANA, S/O LATE VEERAJU, AGED 56, R/O KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 6. GEDELA NAGESWARA RAO,, S/O LATE MAHALAKSHMI, AGED 36 YEARS, R/O D.NO.1-59, R/O KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 7. VAMISETTY SATHIBABU,, S/O VENKATA RAMANA, AGED 49 YEARS, R/O D.NO.1-142, R/O KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., 8. JALLIGAMPALA SATYA SRI RAMA ANJANEYULU,, S/O LATE SATYANARAYANA, AGED 32 YEARS, R/O D.NO.1-199, KUMARAPURAM VILLAGE, PITAPURAM MANDAL, E.G.DIST., ...PETITIONER(S) VS,J W.P No.12639 of 2022 2 AND 1. THE STATE ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION AND WATER RESOURCES DEPARTMENT VELAGAPUDI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT AT KAKINADA. 3. EXECUTIVE ENGINEER, Y I DIVISION, PEDDAPURAM, EAST GODAVARI DISTRICT. 4. DEPUTY EXECUTIVE ENGINEER, Y I SUB-DIVISION SAMARALAKOTA EAST GODAVARI DISTRICT. 5. THE THAHSILDHAR, PITHAPURAM MANDAL, EAST GODAVARI. 6. THE SHO PITAPURAM RURAL POLICE STATION, PITAPURAM, E.G.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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in permitting to excavate and transportation of silt from Thammayya tank, kumarapuram village, Pitapuram mandal, E.G.District., as illegal, arbitrary and violative of Principles of natural justice apart from violating orders of this Hon'ble Court in I.A.no. 1 of 2018 in W.P.no.18301 of 2018, consequently directing the respondents not to permit any excavation in Thammayya tank, kumarapuram village, Pitapuram mandal, E.G.District. and to pass IA NO: 1 OF 2022 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 permit any excavation in Thammayya tank, kumarapuram village, Pitapuram mandal, E.G.District. pending disposal of the above writ petition and to pass IA NO: 2 OF 2022 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 VS,J W.P No.12639 of 2022 3 pleased to implead the Petitioners/proposed Respondents 7 to 21 herein as Respondent Nos.7 to 21 in the writ petition W.P.No.12639/2022 and pass IA NO: 3 OF 2022 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 Order dated 29.4.2022 in IA No.1/2022 in W.P.No.12639/2022 and pass Counsel for the Petitioner(S): 1. THOKALA DEVENDRA Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRIGATION COMM AREA DEV VS,J W.P No.12639 of 2022 4 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 Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in permitting to excavate and transportation of silt from Thammayya tank, Kumarapuram Village, Pitapuram Mandal, E.G.District., as illegal, arbitrary and violative of Principles of natural justice apart from violating orders of this Hon'ble Court in I.A.no.1 of 2018 in W.P.no.18301 of 2018, consequently directing the respondents not to permit any excavation in Thammayya tank, kumarapuram village, Pitapuram mandal, E.G.District. and to pass such other order or orders….” 2. Heard learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation. 3. The learned counsel for the petitioners submits that in view of the withdrawal of Writ Petition No.18301 of 2018 on 04.05.2022, no cause survives in the present writ petition. 4. Recording the submissions made by the learned counsel for the petitioners, this Writ Petition is closed. No costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:27.10.2025 Ksj