APHC010078392019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE EIGHTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3463/2019 Between: 1. CH SRINIVASULU, S/O GANGA RAO, AGED 39 YEARS, R/O VENKATA NAGARAM, PAYAKARAOPET MANDAL, ISAKHAPATNAM DISTRICT 2. A. SATYANARAYANA, S/O TATAIAH, AGE 48 YEARS, R/O VENKATA NAGARAM, PAYAKARAOPET MANDAL, VISAKHAPATNAM DISTRICT 3. S.HANUMANTHA RAO, S/O ADINARAYANA, AGE 52 YEARS R/O VENKATA NAGARAM, PAYAKARAOPET MANDAL, VISAKHAPATNAM DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, REPRESENTED BY PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. VISHAKHAPATNAM 3. DISTRICT PANCHAYAT OFFICER, VISAKHAPATNAM DISTRICT. VISHAKHAPATNAM. 4. MANDAL DEVELOPMENT OFFICER, PAYAKARAOPET MANDAL, VISAKHAPATNAM DISTRICT. 5. VENKATA NAGARAM GRAMPANCHYAT, PAYAKARAOPET 2 MANDAL, VISAKHAPATNAM DISTRICT, REPRESENTED BY ITS PANCHAYAT SECRETARY. 6. SPECIAL OFFICER, VENKATA NAGARAM GRAMPANCHYAT, PAYAKARAOPET MANDAL, VISAKHAPATNAM 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 toto issue a writ, order or direction, more particularly, one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in taking up constructions in water body and adjacent to water body, creek in Venkata Nagaram Grampanchyat, Sy.No.97 and 147/2 Keshavram revenue village Payakaraopet Mandal, Visakhapatnam District. as illegal, unconstitutional and consequently direct the respondent authorities to stop the constructions in in Venkata Nagaram Grampanchyat, Sy No.97 and 147/2 Keshavram revenue village Payakaraopet Mandal, Visakhapatnam District as approved in February 2019 and restore the Upputeru creek water body stream to its pristine glory and pass IA NO: 1 OF 2019 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 respondent authorities to stop all the construction activity in Venkata Nagaram Grarnpanchayat, Sy.No.97 and 147/2 Keshavram revenue village Payakaraopet Mandal,Visakhapatnam District in the name of Solid waste management activity and pass Counsel for the Petitioner(S): 1. K S MURTHY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:3463/2019 ORDER: The present writ petition is filed under Article 226 of the Constitution of India seeking following relief: “to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the respondent authorities in taking up constructions in water body and adjacent to water body, creek in Venkata Nagaram Grampanchyat, Sy.No.97 and 147/2 Keshavram revenue village Payakaraopet Mandal Visakhapatnam District as illegal, unconstitutional and consequently direct the respondent authorities to stop the constructions in Venkata Nagaram Grampanchyat, Sy.No.97 and 147/2 Keshavram revenue village Payakaraopet Mandal, Visakhapatnam District as approved in February, 2019 and restore the Upputeru creek water body stream to its pristine glory and pass such other order or orders…” 2. Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development, learned Standing Counsel appearing for the respondents. 3. The case of the petitioner herein is that the respondent Nos. 5 and 6 are making constructions in water body and adjacent to water body, creek in Venkata Nagaram Grampanchayat, Sy.No.97 and 147/2 of Keshavaram Revenue Village, Payakaraopet Mandal, Visakhapatnam District without proper approval/ permission from the respondent authorities. 4 4. Learned counsel for the petitioners submits that it is a settled law, once the nature of the land is classified/ notified as water bodies, nobody can be permitted to make any constructions or to change the nature of water source, more particularly, water tanks, which have to be conserved for the future generations. Therefore, any construction activity in water body and adjacent to it, by the unofficial respondents i.e., respondent Nos. 5 and 6 is illegal and arbitrary. 5. Learned counsel for the petitioner further submits that at the time of admission, after hearing the matter, this Court vide order dated 15.03.2019 was pleased to pass an interim order, directing the respondent authorities to stop the construction at the subject place. Pursuant to the said interim orders, no construction was taken up till today. Therefore, requested to make interim order granted earlier, as absolute. 6. On the other hand, learned Standing Counsel appearing for the respondent Nos.5 and 6 submits that in view of the interim orders passed by this Court, no constructions are carried out till today. 7. Considering the submissions made by the learned counsel for the petitioner and learned Government Pleader for the respondents and in view of the interim orders dated 15.03.2019 passed by this Court and in view of the ratio laid down by the Apex Court in Intellectuals Forum, Tirupathi v. State Of Andhra Pradesh & Ors. 1 as well as this Court, the respondents are 1 AIR 2006 SC 1350 5 directed not to permit any further constructions in Venkata Nagaram Gram Panchayat, Sy.Nos.97 and 147/2 of Keshavaram Revenue Village, Payakaraopet Mandal, Visakhapatnam District. 8. Accordingly, the writ petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 18.08.2025 BSP 6 170 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.3463 of 2019 18.08.2025 BSP