APHC010343412024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] MONDAY, THE SIXTEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 17413/2024 Between: 1. KONIDENA VENKATESWARA REDDY, S/O. NAGIREDDY, AGED 55 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 2. KUNCHALA LAKSHMINARAYANA,, S/O. NARAYANA, AGED 60 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 3. POLAKAMMA SADHANANDA REDDY,, S/O. HANUMA REDY, AGED 48 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 4. ALUGUNDLA ANJAMMA,, W/O. ANJI REDDY, AGED 36 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 5. POTHIREDDY KOTI REDDY,, S/O. VENKA REDDY, AGED 45 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 6. POLAKAMMA VENKATARATHNAM,, W/O. ANJI REDDY, AGED 60 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, 2 ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 7. DACHEPALLI ANJANEYULU,, S/O. KOTILINGACHARI, AGED ABOUT 55 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 8. KEERTHI RAMBABU,, S/O. VENKATESWARLU, AGED 43 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 9. BIKKA ANJI REDDY,, S/O. NAGI REDDY, AGED 67 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 10. PALLE VENKATA REDDY,, S/O. KOTI REDDY, AGED 61 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) 11. GUDA SIVA REDDY,, S/O. PRAKASH REDDY, AGED 45 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI MANDAL, BAPATLA DISTRICT. (ERSTWHILE PRAKASAM DISTRICT) ...PETITIONER(S) AND 1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, IRRIGATION AND COMMAND AREA DEVELOPMENT DEPARTMENT. PRESENTLY WATER RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI, GUNTUR DISTRICT. 2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISON ONGOLE, PRAKASAM DISTRICT. 3. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB- 3 DIVISION, PODILI, PRAKASAM DISTRICT. 4. THE ASSISTANT EXECUTIVE ENGINEER, WATER RESOURCES DEPARTMENT, IRRIGATION SUB-DIVISION, PODILI, PRAKASAM DISTRICT. 5. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY OF INDIA, PIU, ONGOLE, PRAKASAM 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, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the inaction on the part of respondents on petitioners representation dt. 31.07.2024 submitted particularly the respondents 3 to 5 to prevent excavation of Gravel from the Kalvakur Tank in Kalvakur Village, Addanki Mandal, Bapatia District and also proceeding No. EE/DB/D4/EP/458M, dt. 29.05.2024 issued by 2nd respondent for digging earth in tank for the development of Six Lane Access Controlled Green Field Highway, as illegal, irregular, unjust, unconstitutional, violative of principles of natural justice, contrary to the provisions of the Andhra Pradesh Farmers Management of Irrigation Systems Act, 1997 and offends Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents not to allow excavation of earth from the said tank and pass IA NO: 1 OF 2024 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 suspend the operation of proceedings No.EE/DB/D4/EP/458M, dt. 29.05,2024 issued by the 2nd respondent and consequently direct the respondents not to allow excavation of earth in Kalavakur Tank situated in Kalvakur Village, Addanki Mandal, Bapatla District, (Formerly Prakasam District), pending disposal of the main Writ Petition and pass Counsel for the Petitioner(S): 1. KISHORE KUMAR KATARI 4 Counsel for the Respondent(S): 1. GP FOR IRRI AND CAD The Court made the following: ORDER: Ms.P.Haritha, learned counsel representing Sri Kishore Kumar Katari, learned counsel for the petitioners submitted that the cause in the writ petition does not survive and has become infructuous and no further orders are required to be passed in this writ petition, accordingly, sought liberty to the petitioners to approach appropriate forum in necessity arise. Recording the said submission, the Writ Petition is dismissed as infructuous. However, the petitioners are at liberty to approach appropriate forum as and when necessity arise. There shall be no order as to costs. As a sequel, miscellaneous applications, pending if any, shall stand closed. _____________________________ JUSTICE RAVI CHEEMALAPATI Date: 16th February, 2026 RKS