APHC010235852026 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3327] MONDAY, THE 28th DAY OF SEPTEMBER 2026 PRESENT THE HONOURABLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 14126/2026 Between: 1. DEVABHAKTUNI RAGHUNATHA BABU, , S/O. RAGHAVAIAH, AGED 50 YEARS, HINDU, R/O. D.NO.10-48, LOCK CENTER KOLLURU VILLAGE AND MANDAL, BAPATIA DISTRICT-522324 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT, SECRETARIAT VELAGAPLIDI, AMARAVATHI, GUNTUR DISTRICT. 522237 2. THE CORRIMISSIONER, , COMMAND AREA DEVELOPMENT AUTHORITY(CADA) WATER RESORCE DEPARTMENT, A.P. SECRETARIAT, VELAGAPUDI, AMARAVATI (GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, , BAPATIA BAPATIA DISTRICT 522101 4. THE EXECUTIVE ENGINEER, DISTRICT WATER WORKS DEPARTMENT, BAPATIA. 5. THE ASSISTANT ENGINEER, WATERWORKS DEPARTMENT, NO LL, SECTION KOLLURU, BAPATI 522324 6. THE SUPERINTENDENT ENGINEER, IRRIGATION DEPARTMENT, BAPATIA. 522101 7. EXECUTIVE OFFICER, KOLLURU PANCHAYAT, KOLLUR VILLAGE ANDV MANDAL, BAPATIA DISTRICT. 522324 2 SRK,J W.P.No.14126 of 2026 8. KANAGALI LAKSHMAN KUMAR, S/O. PURNAIAH, AGED ABOUT 56 YEARS, HINDU, OCC. CULTIVATION, R/O. BESIDES SRINIVASA THEATER, KOLLURU VILLAGE AND MANDAL, BAPATIA DISTRICT- 522 324 ...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 pleased to issue writ or direction preferably writ of mandamus declaring the inaction of the Respondents 4 to 6 to remove the unauthorized private pipe outlet (pipe line/sluice) made by the Respondent and laying road by the 7nd Respondent as illegal and irregular, contrary to the provisions of the A.P. Irrigation Utilization and Command Area Development Act, 1984 and offends articles 14, 21 of Constitution of India and against the principles of natural justice and consequently direct the Respondents 4 to 6 to remove the private pipe outlet, so as to enable the Petitioner and other Ryth holders to raise the crops by utilizing the natural source of water from Krishna River channel at Kailasapuram Donka and pass IA NO: 1 OF 2026 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 7nd respondent to stop the laying of B.T.Road over Kailashapuram Donka Road till removal of private pipe outlet of 8*^ Respondent by the to 6*^ Respondents pending disposal of the Writ Petition and passpleased to direct the 7nd respondent to stop the laying of B.T.Road over Kailashapuram Donka Road till removal of private pipe outlet of 8th Respondent by the to 6th Respondents pending disposal of the Writ Petition and pass Counsel for the Petitioner: 1. NANDULA NATARAJ Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR IRRI AND CAD The Court made the following: 3 SRK,J W.P.No.14126 of 2026 O R D E R This Writ Petition is filed seeking the following relief: “….to issue writ or direction preferably writ of mandamus declaring the inaction of the Respondents 4 to 6 to remove the unauthorized private pipe outlet (pipe line/sluice) made by the Respondent and laying road by the 7th Respondent as illegal and irregular, contrary to the provisions of the A.P. Irrigation Utilization and Command Area Development Act, 1984 and offends Articles 14, 21 of Constitution of India and against the principles of natural justice and consequently direct the Respondents 4 to 6 to remove the private pipe outlet, so as to enable the Petitioner and other Ryth holders to raise the crops by utilizing the natural source of water from Krishna River channel at Kailasapuram Donka and pass such other order…” 2. Heard learned counsel for the petitioner, the learned Assistant Government Pleader for Irrigation and the learned Assistant Government Pleader for Revenue. 3. Case of the petitioner succinctly is that, he is the absolute owner of the land to an extent of Ac.1.28 cents in Survey No.1126/2 situated in Kolluru Village, Bapatla District. The petitioner was cultivating the said land by raising Paddy and other dry crops like maize, black grams etc. The Pattadar Pass Book reflects the name of the petitioner. In order to cultivate his land, he is utilizing the natural source of water, which flows from Krishna River channel and also utilized the source of water by the other (Ryth) Land Holders, which is beneficiary to near about 543 acres, including the Respondent No.8. 4 SRK,J W.P.No.14126 of 2026 Adjacent to the said channel, there is a Donka road which is coming from Kolluru Panchayat for movement of public and Bullock Carts to go to fields which is in between Channel and the Crop fields. 4. Grievance of the petitioner is to the extent that, the Respondent No.8 illegally occupied a bit of land across the Donka Road and laid a private „pipe outlet‟ underneath the Donka Road to get a water source from Krishna Channel by blocking natural flow of water and diverted the natural irrigation system into his fields for the purpose of his cultivation without taking any permission from the Irrigation Department. By virtue of the acts of the Respondent No.8 herein, the petitioner suffered, as water source is not sufficient and around 250 Ryth holders are suffering due to obstruction of water channel. All are depending on the source of water through Krishna Channel for the cultivation of their crops. 6. Learned Counsel appearing on behalf of the petitioner submits that the petitioner has made a request to Respondent No.8 herein not to block the water source from Krishna River Channel, as they were losing their crops due to less water. He further submitted that the Government has proposed to lay the Black Top Road from Kolluru-Ganjulanka R&B road @1/4 (Kolluru Lock) to Krapa (Kailasapuram Donka) (Reach I) in Kolluru Mandal, Bapatla District, on the donka cart way and estimated proper length of 1.50 with a cost estimation of Rs.1.50 Lakhs through the funds of MGNREGS Funds for the 5 SRK,J W.P.No.14126 of 2026 year 2024/2025 and the same was sanctioned by the authorities for development of Kailasapuram Donka. 7. Learned counsel for the petitioner further submits that in connection with the same on 08.12.2025 the petitioner has made a complaint to the Respondent No.3 at Public Grievance Redressal System (PGRS). The petitioner has made a representation on 15.12.2025 to Respondent No.2 herein. On the representation made by the petitioner herein, the Respondent No.5 conducted enquiry and submitted a report on 21.11.2025. As per the report, it is found that there is an unauthorized sluice made by the Respondent No.8 at right side of the 1.500 of Kolluru Branch Channel. He further submitted that on coming to know the same, on 05.01.2026, the Respondent No.5 issued a notice to Respondent No.8 to remove the said sluice pipe within a period of 7 days from the date of receipt of the said notice. Surprisingly, the Respondent No.8 did not remove the said pipeline. Thereafter, on 30.01.2026 the petitioner made a representation to the Respondent Nos.4 to 6 with regard to the illegal action of the Respondent No.8. In the absence of any action of the official respondents herein, the petitioner has constrained to file the Writ Petition. 8. By an Order dated 15.06.2026, this Court has permitted the petitioner herein to take out personal notice on Respondent No.8 by Speed Post with Acknowledgment Due and file proof of service in the Registry. Though, the notice has been served on the Respondent No.8, he did not choose to appear 6 SRK,J W.P.No.14126 of 2026 before this Court. Later, the matter underwent adjournment for want of instructions. 10. Today, when the matter has been listed, learned Assistant Government Pleader for Irrigation, has submitted written instructions issued by the Assistant Engineer, No.2 section, Kolluru-5th respondent herein, stating that the Assistant Engineer-5th respondent has addressed a letter to all the Officers pertains to Kolluru Mandal and they are requested to attend Kolluru Branch at km 1.500, Garuvudonka on 18.09.2026 at 11.30 A.M for implementing the orders passed by this Court in the presence of line departments. 11. On 18.09.2026 in the presence of the officers of the concerned Line Department, the disputed unauthorized pipe was removed and Photographs were taken while removing the pipe. This court perused the photographs and satisfied that the unauthorized pipeline has been removed by the official respondents. 12. Learned counsel for the Petitioner submits that no further cause survives for adjudication in this Writ Petition. 13. Having regard to the facts and circumstances of the case and recording the written instructions submitted by learned Assistant Government Pleader, this Writ Petition is closed. There shall be no order as to costs. 7 SRK,J W.P.No.14126 of 2026 As a sequel thereto, the miscellaneous applications, if any, pending in this Writ Petition, shall stand closed. ____________________________ JUSTICE K. SREENIVASA REDDY Date : 28.09.2026 MS / DS 8 SRK,J W.P.No.14126 of 2026 HON’BLE SRI JUSTICE K. SREENIVASA REDDY WRIT PETITION NO: 14126 OF 2026 Date: 28.09.2026 MS