APHC010244742023 IN THE HIGH COURT OF ANDHRA PRADESH TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: Between: 1. MALLIPUDI SRINIVASULU, SIO KRISHNAMURTHY, AGE. 53 YEARS, D.NO.2-16,ARJUNUDUPALEM VILLAGE, LRGAVARAMMANDLAM, WEST GODAVARI DISTRICT 2. MALLIPUDI LAKSHMI, W/O SRINIVASULU, AGE.48 YEARS, D.NO.2 16,ARJUNUDUPALEM VILLAGE, GODAVARI DISTRICT 1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF IRRIGATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT 2. THE DISTRICT COLLECTOR, , WEST GODAVARI D BHIMAVARAM 3. THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM DIVISION, WEST GOADAVRI DISTRICT 4. THE TAHSILDAR, IRGAVARAMMANDALAM, IRGAVARAM, WEST GODAVARI DISTRICT 5. THE SECRETARY, ARJUNUDUPALEM GRAM PANCHAYAT, ARJUNUDUPALCM (REVENUE VILLAGE 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12867/2023 MALLIPUDI SRINIVASULU, SIO KRISHNAMURTHY, AGE. 53 YEARS, 16,ARJUNUDUPALEM VILLAGE, LRGAVARAMMANDLAM, WEST GODAVARI DISTRICT MALLIPUDI LAKSHMI, W/O SRINIVASULU, AGE.48 YEARS, D.NO.2 16,ARJUNUDUPALEM VILLAGE, IRGAVARAMMANDLAM, WEST GODAVARI DISTRICT ...PETITIONER(S) AND THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF IRRIGATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT THE DISTRICT COLLECTOR, , WEST GODAVARI D THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM DIVISION, WEST GOADAVRI DISTRICT THE TAHSILDAR, IRGAVARAMMANDALAM, IRGAVARAM, WEST GODAVARI DISTRICT THE SECRETARY, ARJUNUDUPALEM GRAM PANCHAYAT, ARJUNUDUPALCM (REVENUE VILLAGE- RC,J W.P.No.12867 of 2023 IN THE HIGH COURT OF ANDHRA PRADESH [3332] TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MALLIPUDI SRINIVASULU, SIO KRISHNAMURTHY, AGE. 53 YEARS, 16,ARJUNUDUPALEM VILLAGE, LRGAVARAMMANDLAM, MALLIPUDI LAKSHMI, W/O SRINIVASULU, AGE.48 YEARS, D.NO.2- IRGAVARAMMANDLAM, WEST ...PETITIONER(S) THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF IRRIGATION, SECRETARIAT, THE DISTRICT COLLECTOR, , WEST GODAVARI DISTRICT, THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM DIVISION, THE TAHSILDAR, IRGAVARAMMANDALAM, IRGAVARAM, WEST THE SECRETARY, ARJUNUDUPALEM GRAM PANCHAYAT, IRGAVAMM) RC,J W.P.No.12867 of 2023 2 IRGAVARAMMANDLAM, WEST GODAVARI DISTRICT 6. ASSISTANT EXECUTIVE ENGINEER IRRIGATION, WATER RESOURCES SECTION, PENUMANTRA, 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 topleased to issue an appropriate writ order or direction more particularly in the nature of Writ of MANDAMUS declaring the action of respondents in trying to construct/lay a road passing through lands situated to the south of the petitioners land i.e. R.S.No. 656/2, 3 and 4 by blocking/damaging the flow of irrigation water to the petitioners lands situated in R.S.No. 657/IA and 657/1B-1 of Arunudupalem Village (Revenue Village- Irgavaram), Irgavaram Mandal, West Godavari DIstrict as arbitrary, illegal, capricious and against Article 21 of the Constitution and consequently direct the 6th respondent to provide a separate irrigation feeder channel/stream/drain to the petitioners lands situated in R.S.No. 657/1A and 657/1B-1 of Arunudupalem Village (Revenue Village- Irgavaram), Irgavaram Mandal, West Godavari District. 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 herein not to construct/lay a road passing through lands situated to the south of the petitioners land i.e. R.S.No. 656/2, 3 and 4 until a separate irrigation feeder channel/stream/drain is provided to the petitioners land admeasuring a total of Ac. 00.82 cts situated in R.S No. 657/1A and 657/1B-1 of Arjunudupalem Village (Revenue Village¬Irgavaram), Irgavaram Mandal, West Godavari District and pending disposal of the Writ Petition before this Hon'ble Court. IA NO: 2 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 vacate the interim order dated 12.05.2023 in W.P.No.12867 of 2023 and also dimiss the writ petition and pass RC,J W.P.No.12867 of 2023 3 Counsel for the Petitioner(S): 1. KANUKOLANU SRI SAI SANJAY Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR IRRIGATION COMM AREA DEV RC,J W.P.No.12867 of 2023 4 ORDER This writ petition is filed questioning the action of respondent authorities in trying to construct/ lay a road passing through the lands situated to the south of the petitioners’ land in R.S.No.656/2,3 and 4 by blocking/ damaging the flow of irrigation water to the petitioner land situated in R.S.No.657/1A and 657/1B-1 of Arunudupalem village, Irgavaram Mandal, West Godavari District. 2. Heard Sri Sri Sai Sanjay, learned counsel for the petitioners, and the learned Assistant Government Pleader for Irrigation. Both the learned counsel advanced arguments in tune with their pleadings. 3. In the counter-affidavit filed by respondent no.4-Tahsildar it is stated that formation of approach road will not cause any obstruction to the flow of water to either the agricultural fields of petitioners herein in R.S.No.657-1 or ryots who gave their land for the formation of approach road in R.s.Nos.656- 2C, 3C, 4B or any other ryots in these survey numbers. 4. In view of the contents of the counter-affidavit, since formation of approach road will not affect flow of water to the fields of the petitioners and other ryots, nothing remains for adjudication in this writ petition and the same can be closed. RC,J W.P.No.12867 of 2023 5 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 24TH February, 2026 RR