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2026 DAILYLAW 15881 (AP)

MALAPATI RAMPRAKASH v. THE STATE OF AP

WP/2803/2026 · 2026-02-09

Ravi Cheemalapati

body2026

Judgment text

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APHC010043762026 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2803/2026 Between: 1. MALAPATI RAMPRAKASH, S/O. BHASKAR NAIDU, AGE 51 YEARS, OCC CULTIVATION, R/O.D.NO.3 TIRUPATI DISTRICT, ANDHRA PRADESH 1. THE STATE OF AP, REP. BY ITS PRINCIPALSECRETARY, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES). SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, ANDHRA PRADESH. 2. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT AT TIRUPATHI,(FORMERLY CHITOOR DISTRICT) ANDHRA PRADESH 517503 3. THE SUPERINTENDI DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH, TIRUPATI, ANDHRA PRADESH. 517501 4. THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH TIRUPATI, ANDHRA PRADESH,5 5. THE DEPUTY EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 2803/2026 MALAPATI RAMPRAKASH, S/O. BHASKAR NAIDU, AGE 51 YEARS, OCC CULTIVATION, R/O.D.NO.3-68, MADHARA GADDA, PADIPETA, TIRUPATI DISTRICT, ANDHRA PRADESH - 517503 ...PETITIONER AND THE STATE OF AP, REP. BY ITS PRINCIPALSECRETARY, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES). SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, ANDHRA PRADESH. THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT AT TIRUPATHI,(FORMERLY CHITOOR DISTRICT) ANDHRA PRADESH THE SUPERINTENDING ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH, TIRUPATI, ANDHRA PRADESH. 517501 THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA PRADESH TIRUPATI, ANDHRA PRADESH,517501 THE DEPUTY EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA RC,J W.P.No.2803 of 2026 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TENTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MALAPATI RAMPRAKASH, S/O. BHASKAR NAIDU, AGE 51 YEARS, 68, MADHARA GADDA, PADIPETA, ...PETITIONER THE STATE OF AP, REP. BY ITS PRINCIPALSECRETARY, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES). SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. GUNTUR DISTRICT, THE DISTRICT COLLECTOR, TIRUPATHI DISTRICT AT TIRUPATHI,(FORMERLY CHITOOR DISTRICT) ANDHRA PRADESH- NG ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA THE EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA THE DEPUTY EXECUTIVE ENGINEER, MINOR IRRIGATION DEPARTMENT,(WATER RESOURCES) GOVERNMENT OF ANDHRA RC,J W.P.No.2803 of 2026 2 PRADESH TIRUPATI, ANDHRA PRADESH.517501 6. THE REVENUE DIVISIONAL OFFICER, TIRUPATHI REVENUE DIVISION, TIRUPATHI,TIRUPATHI DISTRICT, ANDHRA PRADESH. 517502 7. THE TAHSILDAR, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT, ANDHRA PRADESH. 517502 ...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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents Nos. THE REVENUE DIVISIONAL OFFICER, TIRUPATHI REVENUE DIVISION, TIRUPATHI,TIRUPATHI DISTRICT, ANDHRA PRADESH. 517502 7. THE TAHSILDAR, TIRUPATHI RURAL MANDAL, TIRUPATHI DISTRICT, ANDHRA PRADESH. 517502 ...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 a Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the action, things and deeds of Respondents Nos. 3 to 7 in propose to change/divert the alignment of the existing water source of surplus water course towards western side to northern side of Kasi Kaluva and Attipatti Kaluva (escape Channels/Surplus weir) by converting the existing Road into Canal situated in Sy.No.477 of Padipeta Village of Tirupati Rural Mandal, Tirupathi District against to the natural course/stream as well to the natural gravity without studying the Hydraulic particulars, thereby leads to submerging the Petitioners Agriculture land in an extent of Ac.1.00 cents situated in R.S.No.30/B of Padi Village of Tirupati Rural Mandal, Tirupathi District and also residential houses of Villagers without following any due procedure contemplated under Andhra Pradesh Irrigation (Construction and Maintenance of Water Courses) Act,1965 and other allied Acts, which is illegal, irregular, arbitrary, unconstitutional, against to the Principles of Natural Justice and in violation of Articles 14, 19, 21 and 300-A of Constitution of India and consequently direct the Respondents not to convert the Road (Rasta) into channel/Kaluva situated in Sy.No.477 of Padipeta Village of Tirupati Rural Mandal, Tirupathi District by change/alter the existing water course of KasiKaluva and Attipatti Kaluva (escape channels/surplus weir) 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 May be pleased to direct the Respondents not to convert the Road situated in Sy.No.477 leading from Sy.No.470 towards the agriculture fields from south RC,J W.P.No.2803 of 2026 3 to north situated in Padi Village of Tirupati Rural Mandal, Tirupathi District pending disposal of Writ Petition and pass Counsel for the Petitioner: 1. NARASIMHA RAO GUDISEVA Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: ORDER The grievance of the petitioner is that the respondent nos. 3 to 7 are proposing to change/divert the alignment of the existing water course towards western side to northern side of Kasi Kaluva and Attipatti Kaluva by converting the existing road into canal situated in Sy.No.477 of Padipeta Village of Tirupathi Rural Mandal, Tirupathi District against natural course as well as natural gravity. 2. The learned Assistant Government Pleader for irrigation by placing on record the written instructions of the Executive Engineer, Irrigation Division, Tirupathi, dated 10.02.2026 submitted that the department is not changing/ diverting the water course in Survey No.477 as alleged by the petitioner and accordingly prayed to close the writ petition. 3. Learned counsel for the petitioner, in response submitted that the contents of the above written instructions may be recorded and close the writ petition. RC,J W.P.No.2803 of 2026 4 4. In view of the submissions made by both the learned counsel, since nothing remains for adjudication in this writ petition the same can be closed. 5. Accordingly, the writ petition is closed. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. __________________________ JUSTICE RAVI CHEEMALAPATI 10th February, 2026. RR