APHC010110442025 IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI (Special Original Jurisdiction) THURSDAY, THE SIXTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE 3594 PRESENT THE HON'BLE SMT. JUSTICE JAGADAM SUMATHI WRIT PETITION No.5515 OF 2025 Between: Lagisetti Ramanjulu --- Petitioner and State of Andhra Pradesh, Rep. by its Principal Secretary, Water Resources Department (Irrigation and Command Area Development Department), Secretariat, Velagapudi, Amaravati and 3 others --- Respondents Counsel for the petitioner : Sri Balaji Medamalli Counsel for the respondent Nos.1 to 3 : Learned Government Pleader for Irrigation Counsel for the respondent No.4 : Learned Government Pleader for Revenue The Court made the following ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed by the petitioner seeking to issue a Writ of Mandamus by declaring the proceedings of the 3rd respondent in issuing the Notice No.SE&DWRO/AMY/WUA/17M, dated 22.02.2025, as highly JS, J WP No.5515/2025 2 arbitrary, illegal, null and void and against the principles of natural justice and contrary to the provisions of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 and the Rules made thereunder and consequently direct the respondent authorities not to take any coercive action against the management of Wootacheruvu Water Users Association. Brief facts of the case: 2. The petitioner, an agriculturist, owns land in Wootacheruvu, Thimmasamudram village. His father holds lands with different survey numbers. The petitioner has leased 1.00 acre from Lagisetti Chinnappa for the past four years, cultivating it as recorded in the E- Crop Portal. The petitioner's father has executed a settlement deed for 0.20 acre in Survey No.392-8, Thimmasamudram Revenue Village, whose name has been updated in the revenue records. After verifying the revenue documents and lease agreement, the revenue authorities added the petitioner to the Wootacheruvu Water Users Association voters list. 3. The election notification was issued after final publication of the voters list by the District Collector in November, 2024. Five JS, J WP No.5515/2025 3 territorial constituency Members were elected on 14.12.2024, and the petitioner was elected as President. The Election Authorities declared the results and issued forms for the territorial Members and the President. 4. On 22.02.2025, the 2nd respondent issued notice with a predetermined mind to remove the petitioner from the post of elected Member of Wootacheruvu Water Users Association, 3rd Territorial Constituency and President of Wootacheruvu Users Association. The present writ petition is filed questioning the same. 5. Heard Sri Balaji Medamalli, learned counsel for the petitioner, and learned Government Pleader, appearing on behalf of the respondents. 6. The learned counsel for the petitioner submits that the impugned notice was issued based on the report submitted by the Tahsildar. Without providing a copy of the report, an explanation was sought. On the other hand, the petitioner submitted a representation to the authorities on 16.01.2025 regarding a news item published in a daily newspaper. However, the 3rd respondent, without addressing the explanation in the impugned notice, has JS, J WP No.5515/2025 4 indicated the punishment of removing the petitioner from the post, which violates the principles of natural justice. The law specifically states that the principles of audi alteram partem must be adhered to before taking any action that affects the rights of the other party. 7. On the other hand, learned Government Pleader appearing on behalf of the respondents submits that it is only the notice issued to the petitioner calling for his explanation and the petitioner can as well submit his explanation but without submitting any explanation, straightaway approached this Court and requested to pass appropriate orders. 8. After considering the submissions made by both the parties and perusal of the affidavit of the petitioner and the material enclosed, this Writ Petition is disposed of directing the petitioner to forthwith submit his explanation along with all necessary documents to the concerned authorities within a week from the date of receipt of a copy of this order. Thereafter, the respondent authorities shall complete the enquiry within two (2) months by giving opportunity of hearing to the petitioner. Till such time, the respondents are directed not to take any coercive steps against the petitioner i.e., the JS, J WP No.5515/2025 5 management of Wootacheruvu Water Users Association. No order as to costs. As a sequel, miscellaneous applications pending, if any, shall stand closed. _________________________ JUSTICE SUMATHI JAGADAM Date:06.03.2025 DSH