APHC010200402022 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] TUESDAY,THE THIRD DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 11664/2022 Between: 1. PALA RAMA RAO @ RAMBABU, S/O P. VEERASWAMY, AGED ABOUT OF 52 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 2. POTHUREDDI KUMAR, S/O CHAKRADHAR RAO, AGED ABOUT 37 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 3. POTHUREDDI CHAKRADHAR RAO, S/O NARAYANA MURTHY, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 4. MUTHYALAPALLI SAROJINI, W/O LATE MUTHYALAPALLI SAROJINI, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 5. PALA SAVITHRI, W/O VENKATESWARULU, AGED ABOUT 43 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 6. KADALI NARASIMHA SWAMY, SIO RAMACHANDRA RAO, AGED ABOUT 48 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, 2 ANDHRA PRADESH 7. DAMPANABOYINA SRINIVAS, S/O MUTHYALA RAO, AGED ABOUT 38 YEARS OLD, R/O. RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 8. VADLAMANNATI SURYANARAYANA, S/O.NAGABHUSHANAM, AGED ABOUT 71 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 9. NALLI RANI, W/O DANIEL, AGED ABOUT 48 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 10. KUKKALA MANGAMMA, W/O VENKAT RA, AGED ABOUT 67 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 11. PALA BHAGYAWATI, W/O SATYANARAYANA, AGED ABOUT 60 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 12. PAMPANNA CHIRANJEEVI, S/O RADHA KRISHNA, AGED ABOUT 56 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 13. KADALI VIJAYA, W/O LATE BABURAO, AGED ABOUT 36 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 14. KADALI MANGATAYARU, W/O PEDDIRAJU, AGED ABOUT 46 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 15. ADABALA SURYANARAYANA, S/O VEERASWAMY, AGED 3 ABOUT 67 YEARS OLD, R/O RAM NAGAR COLONY, PATHA KALUVA, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 16. T.V. GANGADHAR RAO @ THANEEDI GIRI, S/O VENKATA RAJU, AGED ABOUT 46 YEARS OLD, R/O SEREPALEM, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 17. KADALI MEHAR BABA, S/O CHINNA LAKSHMAN, AGED ABOUT 41 YEARS OLD, R/O NEAR CINEMA HALL, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH 18. DADI BHAGYA LAKSHMI, W/O DADI LAKSHMAN, AGED ABOUT 27 YEARS OLD, R/O CANAL ROAD, MOGALTHUR, WEST GODAVARI DISTRICT, ANDHRA PRADESH ...PETITIONER(S) AND 1. THE ASSISTANT EXECUTIVE ENGINEER, IRRIGATION, NARASAPUR, WEST GODAVARI DISTRICT 2. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION NARASAPUR, WEST GODAVARI DISTRICT 3. THE EXECUTIVE ENGINEER, WEST DIVISION, GODAVARI, IRRIGATION DEPARTMENT, SETTIPETA, NIDADAVOLE TOWN, EAST GODAVARI DISTRICT (FORMERLY WEST GODAVARI DISTRICT) 4. THE SUPERINTENDENT ENGINEER, JALAVANARULU, IRRIGATION DEPARTMENT, WEST GODAVARI DISTRICT, ELURU. (NOW AT BHIMAVARAM) 5. THE TAHSILDAR, MOGALTHUR, MOGALTHUR MANDAL, WEST GODAVARI DISTRICT. 6. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, AT BHIMAVARAM (PREVIOUSLY ELURU) 4 7. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI GUNTUR DISTRICT. 8. THE MOGALTHUR GRAM PANCHAYATH, REPRESENTED BY ITS VILLAGE SECRETARY, MOGALTHUR VILLAGE AND MANDAL, WEST GODAVARI DISTRICT. 9. AYITHAM BALAKRISHNA, S/O RANGA RAO, AGED ABOUT 64 YEARS, OCC. AGRICULTURE, R/O D.NO.1 1-18, AKANAVARI THOTA, RAMANNAPALEM VILLAGE, MOGALTHURU MANDAL, WEST GODAVARI DISTRICT. 10. VENDRA SUBBARAO, SHO VENKANNA, AGED ABOUT 50 YEARS, OCC. AGRICULTURE, R/O D.NO.4-173, R/O PIPPALLAVARI THOTA, RAMANNAPALEM VILLAGE, MOGALTHUR MANDAL, WEST GODAVARI 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 a Writ or Order or Directions more particularly one in the nature of Writ of MANDAMUS declaring that the proceedings of the Respondent No. 1 dated 26-11-2021, to remove the alleged encroachments on the sides of Narasapur-Mogalthur Irrigation canal starting from the Lakkuvari Thota foot over bridge to the Mogalthru locks, without issuing any show cause notice to the Petitioners and the other effected parties and without conducting any physical verification and interaction with the Petitioners and the effected parties, as illegal and arbitrary, violating the Principles of Natural Justice and Article 21 of the Constitution of India and due process of Law and it is further consequentially prayed that this Hon'ble Court may be pleased to direct the Respondent No.1, to consider the representation of the Petitioners dated 04-12-2021, duly conducting a physical enquiry with due interaction with the Petitioners and other effected parties by issuing appropriate notices to the Petitioners and the effected parties and to the Respondent No. 8 and 9 and to pass appropriate orders and pass IA NO: 1 OF 2022 5 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 No. 1 to 3 not to take any coercive steps to remove the houses of the Petitioners on the sides of Narasapur¬Mogalthur Irrigation canal starting from the Lakkuvari Thota foot over bridge to the Mogalthur locks, without conducting a physical enquiry with the physical interaction with the Petitioners and others and to follow the due process of Law by hearing and interacting with the Petitioners and others in the light of the representation dated 04-12-2021 and pass IA NO: 1 OF 2023 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 grant leave to the petitioner herein /respondent No.8 in WP.No. 11664 of 2022 to file counter affidavit in the above writ petition 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 Vacate the Interim Order dt:25.04.2022 passed in I.A.N0.1 of 2022 in W.P. No,11664 of 2022 and dismiss the writ petition and pass Counsel for the Petitioner(S): 1. PALA RAMA RAO Counsel for the Respondent(S): 1. Yarraguntla Koteswara Rao, Standing Counsel For Zilla Praja Parishads, Mandal Praja Parishads and Gram Panchayat 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR IRRIGATION COMM AREA DEV 6 The Court made the following: ORDER: On 20.01.2026, 03.02.2026 & 17.02.2026, there was no representation for the petitioner and the matter has been listed under the caption ‘for dismissal’. Despite such direction, today also, there is no representation for the petitioner. It shows that the petitioner is not interested in prosecuting the matter. Accordingly, the Writ Petition is dismissed for non prosecution. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 03rd March, 2026 RKS