APHC010545742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY,THE TWENTY EIGHTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28552/2025 Between: 1. KOMMANABOYINA SIVA NAGESWARA RAO, S/O. TIRUPATAIAH, AGED ABOUT 46 YEARS, R/O. D.NO.4- 56, BURLAVARI PALEM, CHIRALA MANDAL, BAPATIA DISTRICT. 2. CHAVALI VASUDEVA HARIPRASAD, S/O.POTHURAJU, AGED ABOUT 55 YEARS, R/O.KEERTHIVARI PALEM, CHIRALA MANDAL BAPATIA DISTRICT. 3. KOMMANABOYINA VEERAIAH, S/O. MUSALA VENKAIAH, AGED ABOUT 72 YEARS, R/O. D.NO.5-129, 5TH WARD, SAVARAPALEM STREET, EPURUPALEM, CHIRALA MANDAL, BAPATIA DISTRICT. 4. NARRA SRINIVASA RAO, S/O. VEERA SWAMY, AGED ABOUT 45 YEARS R/O. KEERTHIVARI PALEM, CHIRALA MANDAL, BAPATIA DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, IRRIGATION DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT, REP. BY ITS 2 VS,J W.P.NO.28552 OF 2025 PRINCIPAL SECRETARY. 2. THE DISTRICT COLLECTOR, BAPATIA DISTRICT. 3. THE REVENUE DIVISIONAL OFFICER, BAPATIA, BAPATIA DISTRICT. 4. THE TAHSILDAR, BAPATIA MANDAL, BAPATIA DISTRICT. 5. THE DIVISIONAL ENGINEER, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. 6. THE EXECUTIVE ENGINEER, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. 7. THE ASSISTANT ENGINEER JE, IRRIGATION (DRAINAGE) DEPARTMENT, CHIRALA. ...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 of mandamus or any other appropriate writ or direction declaring the action of the respondents in not removing the sand heaps in the Epurupalem Straight Cut Drainage Canal from Pachamogili Bridge to Sea-mouth which are causing obstruction to free-flow of water by considering the representations of the petitioners dated 30.06.2025 and 11.08.2025 as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and consequently direct the respondents to remove the sand heaps in the Epurupalem Straight Cut Drainage Canal from Pachamogili Bridge to Sea-mouth which are causing obstruction to free flow of water forthwith 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 3 VS,J W.P.NO.28552 OF 2025 petition, the High Court may be pleased Pleased to direct the respondents to remove the sand heaps in the Epurupalem Straight Cut Drainage Canal from Pachamogili Bridge to Sea- mouth which are causing obstruction to free-flow of water by considering the representations of the petitioners dated 30.06.2025 and 11.08.2025, during pendency of the Writ petition and pass Counsel for the Petitioner(S): 1. K NARSI REDDY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 4 VS,J W.P.NO.28552 OF 2025 ORDER:- This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “….to issue a writ of mandamus or any other appropriate writ or direction declaring the action of the respondents in not removing the sand heaps in the Epurupalem Straight Cut Drainage Canal from Pachamogili Bridge to Sea-mouth which are causing obstruction to free-flow of water by considering the representations of the petitioners dated 30.06.2025 and 11.08.2025 as illegal, arbitrary, one without jurisdiction and violation of Article 300-A of Constitution of India and consequently direct the respondents to remove the sand heaps in the Epurupalem Straight Cut Drainage Canal from Pachamogili Bridge to Sea-mouth which are causing obstruction to free flow of water forthwith...” 2. The petitioners are small farmers owning minor extents of agricultural land situated adjacent to the Epurupalem Straight Cut Drainage Canal in Sy.Nos. 459/1, 488/1A1A, 773, and 674/6. To the eastern side of the petitioners’ lands, there exists a drainage canal which leads to the Bay of Bengal. Over the course of time, a heap of sand has accumulated in the said drainage canal opposite to the petitioners’ lands, thereby obstructing the free flow of drainage water. 3. The petitioners, being small agriculturists dependent on cultivation, have been suffering every year due to stagnation and overflow of drainage water during the rainy season, resulting in 5 VS,J W.P.NO.28552 OF 2025 severe damage to their crops. Aggrieved by the inaction of the respondents in clearing the obstruction and ensuring proper flow of water, the petitioners have filed the present writ petition. 4. Today, when the matter came up for hearing, the learned Assistant Government Pleader for Irrigation produced a copy of the instructions issued by the 6th respondent dated 16.10.2025, wherein it is stated as follows: “Epurupalem Straight Cut was excavated in the early 1970s. It starts at K.S. 6.23 of Romperu Left Arm Drain and runs for a length of 10.660 km before emptying into the Bay of Bengal. As per the approved hydraulic particulars of the Epurupalem Straight Cut, the bed width of the drain at Km 10.660 is 52.90 meters. At present, the width of the straight cut has widened at the sea mouth point due to various natural causes such as cyclones and tsunamis, and heaps of sand have also formed at the sea mouth point. However, the drain water is presently being discharged into the sea. An estimate for dredging, desilting, and removal of the sand heaps is under preparation to ensure that the drain water flows effectively into the sea. After the estimate is sanctioned by the Government, the said work will be executed.” 5. From the above instructions furnished by the 6th respondent, it is evident that the formation of sand heaps at the sea mouth point, as pointed out by the petitioners, is an admitted fact, and such accumulation is obstructing the free discharge of drain water into the sea. However, as the respondents have stated that the estimate for dredging and desilting is under preparation and awaits Government sanction, this Court, instead 6 VS,J W.P.NO.28552 OF 2025 of keeping the writ petition pending, deems it appropriate to dispose of the same with a direction to the respondents to take all necessary steps for removal of the sand heaps at the sea mouth point and to ensure the free flow of drainage water into the Bay of Bengal. 6. The said exercise shall be completed as expeditiously as possible and preferably within a period of six (6) weeks from the date of receipt of a copy of this order. 7. Accordingly, the writ petition is disposed of. No costs. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. ____________________ JUSTICE V.SUJATHA Date :28.10.2025 LSP 7 VS,J W.P.NO.28552 OF 2025 196 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 28552/2025 28.10.2025 LSP