APHC010068702020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] SATURDAY,THE THIRTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4064/2020 Between: 1. AREPU NAGA SRINIVASA RAO,, S/ O. A.VENKATA KRISHNA RAO, AGED ABOUT 38 YEARS, OCC- AGRICULTURE, RIO. KANUKOLLU VILLAGE, MANDAVALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY PRL. SECRETARY, IRRIGATION DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, ARNARAVATHI, GUNTUR DISTRICT. 2. THE EXECUTIVE ENGINEER, KRISHNA DISTRICT AT MACHILIPATNAM, ANDHRA PRADESH 3. THE DEPUTY EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 4. THE ASST EXECUTIVE ENGINEER, KAIKALURU, KRISHNA DISTRICT. 5. THE DISTRICT COLLECTOR, KRISHNA DISTRICT AT MACHILIPATNAM, ANDHRA PRADESH. 6. THE TAHSILDAR, MANDAVALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 7. THE GRAM PANCHAYAT, REP. BY ITS SECRETARY, KANUKOLLU VILLAGE, MANDAVALLI MANDAL, KRISHNA DISTRICT. 2 8. SRI CHINTADA SRINIVASA RAO, S/O. KRISHNA RAO, AGED ABOUT 45 YEARS, OCC- CULTIVATION, RIO. H.NO.5-45/ A, UNIKILI VILLAGE, IVIANDAVALLI MANDAL, KRISHNA DISTRICT, ANDHRA PRADESH. 9. SMT SIREESHI, DEPUTY EXECUTIVE ENGINEER, DRAINAGE DIVISION, GUDIVADA, KRISHNA DISTRICT. 10. SRI SURESH, ASST. EXECUTIVE ENGINEER, KAIKALURU, KRISHNA 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 to issue order or direction, more particularly, one in the nature of Writ of Mandamus, declaring the action of the Respondents in trying to close the drainage channel existing in R5 No.270 and 277, in Kanukollu Village, Mandavalli Mandal, Krishna District, as illegal, arbitrary, violation of Principles of Natural Justice, violation of the Joint Inspection Report dated 16/05/2018, violation of the orders passed by the Deputy Executive Engineer on 01/06/2018, and violation of Articles 14, 21 and 300A of the Constitution, and consequently direct the Respondents not to close the drainage channel IA NO: 1 OF 2020 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 not to close the drainage channel, existing in RS. No.270 and 277, Kanukollu Village, Mandavalli Mandal, Krishna District Counsel for the Petitioner: 1. P S P SURESH KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. K APPA RAO 3. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 3 ORDER: The present writ petition is filed under Article 226 of the Constitution of India, seeking the following relief: “…declaring the action of the respondents in trying to close the drainage channel existing in RS No.270 and 277, in Kanukollu Village, Mandavalli Mandal, Krishna District, as illegal, arbitrary, violation of Principles of Natural Justice, violation of the Joint Inspection Report dated 16.05.2018, violation of the orders passed by the Deputy Executive Engineer on 01/06/2018, and violation of Articles 14, 21 and 300A of the Constitution, and consequently direct the Respondents not to close the drainage channel and pass such other order or orders ….”. 2. Today, when the matter came up for hearing, learned Assistant Government Pleader for Irrigation furnished a copy of instructions issued by the Tahsildar, Mandavalli Mandal vide Rc.A.892/2023, dated 30.08.2025 wherein it is stated that Rs.Nos.270 and 277 are classified as Panta Kaluva as per R.S.R of Kanukollu Village of Mandavalli Mandal, Eluru District. The instructions further reads as under: “The Joint Inspection team i.e., Assistant Director, Fisheries, Kaikaluru, Tahsildar, Mandavalli, Executive Engineer, Drainage, Gudivada and Revenue Divisional Officer, Gudivada conducted Joint Inspection on 16.05.2018 and reported that markings made in R.S.No.270 and 277 could not be divided and it cannot be treated as pathway, since it is used for drainage purpose and all the vicinity farmers are using the same as drainage purpose”. 3. On perusal of the instructions of the Tahsildar, Mandavalli Mandal, it is evident that the drainage channel existing in RS Nos.270 and 277 in Kanukollu 4 Villag, Mandavailli Mandal of Krishna District is currently being used by the nearby farmers for drainage purposes. 4. Recording the submission of the learned Assistant Government Pleader for Irrigation, based on the instructions of the Tahsildar, Mandavalli Mandal, no further orders are required in this writ petition. 5. Accordingly, the Writ Petition is closed. There shall be no orders as to costs. Miscellaneous petitions pending, if any, shall stand closed. __________________ JUSTICE V.SUJATHA Date:30.08.2025 KA 5 THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 4064/2020 Date:30.08.2025 KA