APHC010228672023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3330] MONDAY,THE NINTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION NO: 13210/2023 Between: 1. K RAMA LINGA RAJU, S/O SURYANARAYANA RAJU, IOC SWAGAT BUNK, DIWANCHERUVU, RAJAHMUNDRY, EAST GODAVARI DISTRICT -533103 ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE. A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COLLECTOR, KONASEEMA DISTRICT. AMALAPURAM. 3. REVENUE DIVISIONAL OFFICER, AMALAPURAM REVENUE DIVISION, AMALAPURAM. 4. THE MANDAL REVENUE OFFICER TAHSILDAR, ALLAVARAM MANDAL, KONASEEMA DISTRICT. 5. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, WATER RESOURCES AND IRRIGATION DEPARTMENT, A. P.SECRETARIAT,VELAGAPUDI, VELAGAPUDI, GUNTUR DISTRICT. 6. ENGINEERINCHIEF IRRIGATION, WATER RESOURCES 2 DEPARTMENT, VIJAYAWADA. 7. SUPERINTENDENT ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION CIRCLE DOWLAISWARAM, EAST GODAVARY DISTRICT. 8. EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, GODAVARY CENTRAL DIVISION, NTR MARG, AMALAPURAM ,KONASEEMA DISTRICT. 9. EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, DRAINAGE DIVISION, AMALAPURAM ,KONASEEMA DISTRICT. 10. DEPUTY EXECUTIVE ENGINEER, WATER RESOURCE DEPARTMENT, DRAINAGE DIVISION, AMALAPURAM ,KONASEEMA DISTRICT. 11. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, A. P. SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 12. THE GRAM PANCHAYAT KOMARIGIRIPATNAM, REPRESENTED BY ITS PANCHAYAT SECRETARY, KOMARIGIRIPATNAM VILLAGE, ALLAVARAMMANDAL, AMALAPURAM, KONASEEMA DISTRICT. 13. SRI PEMMADI SAI BABU, S/O.SRIRAMULU KOMARIGIRIPATNAM, ALLAVARAM MANDAL, KONASEEMA 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 topleased to pass a writ/order/direction more particularly in the form of a Writ of Mandamus, declaring that the inaction on the part of the respondent No.1 to 12 in not initiating action against respondent No.13 for the illegal usurpation or encroachment of a portion of the 'public drain' is illegal, arbitrary, malafide and in gross violation of several provisions of the Constitution of India, including Article 21 and other allied laws, protecting the illegal usurpation of public property like the 'public drain' and consequently direct the respondent No. 1 to 12 to initiate appropriate action against respondent No. 13 as prescribed under law to restore the 'public drain', after 3 removing any encroachment caused by respondent No. 13 upon such 'public drain, in the interest of justice, else, the general public, including the petitioner and the surrounding farmers shall suffer irreparable loss and injury.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 pleased to direct the respondents to initiate appropriate action against respondent no. 13, preventing him from usurping any portion of the 'public drain' and also direct respondent no. 13 to immediately refrain from usurping any portion of the 'public drain', including, erecting a temporary but or any other structure thereupon, in any manner whatsoever, during the pendency of this petition, in the interest of justice, else, the general public, including me and the surrounding farmers shall suffer irreparable loss and injury.and pass Counsel for the Petitioner: 1. M S R SASHI BHUSHAN Counsel for the Respondent(S): 1. GP FOR REVENUE 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 4. GP FOR IRRIGATION COMM AREA DEV The Court made the following: 4 THE HONOURABLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13210 OF 2023 ORDER: Ms.G.Anuradha, learned counsel, representing learned counsel for the petitioner, submits that the matter has rendered infructuous. Learned counsel endorsed the same on the bundle. Recording the said submission, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions pending, if any, shall stand closed. __________________________________ JUSTICE TARLADA RAJASEKHAR RAO Date: 09.02.2026 KBN 5 87 THE HON’BLE SRI JUSTICE TARLADA RAJASEKHAR RAO WRIT PETITION No.13210 of 2023 Date: 09.02.2026 KBN