APHC010507962013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3328] TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 26702 OF 2013 Between: 1. NIDUBROLU VENKATRAMAIAH S/O SAMBASIVA RAO, R/O DOOR NO.14-61-15, JALADIVARI VEEDHI MARISUPET, TENALI TOWN, GUNTUR DISTRICT. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, DEPT. OF MUNICIPAL ADMINISTRATION AND URBAN DEVELOPMENT, REP. BY ITS PRINCIPAL SECRETARY SECRETARIAT BUILDINGS, HYDERABAD. 2. THE DISTRICT COLLECTOR, GUNTUR DISTRICT GUNTUR. 3. THE TENALI MUNICIPALITY, REP. BY ITS COMMISSIONER TENALI, GUNTUR 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 toto issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in laying drainage unto the petitioner's property admeasuring 150 sq. yards in T.S.No.618, Block No.17, Ward 1 of Tenali Town, Guntur District without following due process of law as illegal, contrary to law, arbitrary against the principles of natural justice and without jurisdiction and to pass IA NO: 1 OF 2013(WPMP 33042 OF 2013 2 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 respondents not to lay down drainage into the petitioner's property admeasuring 150 sq. yards in T.S.No.618, Block No.17, Ward 1 of Tenali Town, Guntur District without following due process of law pending disposal of the Writ Petition and to pass IA NO: 4 OF 2013(WPMP 155943 OF 2013 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 IA NO: 1 OF 2014(WVMP 809 OF 2014 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 vacate the intrim orders passed in W.P.M.P. No. 33042 of 2013 in W.P. No. 26702 of 2013 dt. 3.10.2013., and pass Counsel for the Petitioner: 1. VENKATESWARLU POSANI Counsel for the Respondent(S): 1. B D MAHESWARA REDDY 2. GP FOR REVENUE 3. GP FOR MUNCIPAL ADMN AND URBAN DEV 3 The Court made the following ORAL ORDER: Heard Sri Chandra Subhash, Ld. Counsel appearing on behalf of Sri Posani Venkateswarlu, Ld. Counsel for the Writ Petitioner and Ms. Vallabhaneni Sireesha Rani, Ld. Standing Counsel for the Municipalities and Sri T. Sanjeeva Rao, Ld. Asst. Government Pleader for Revenue. 2. The prayer in the present Writ Petition is as under: “For the reasons stated above, it is prayed that this Hon’ble Court may be pleased to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondent authorities in laying drainage unto the petitioner's property admeasuring 150 sq. yards in T.S.No.618, Block No.17, Ward 1 of Tenali Town, Guntur District without following due process of law as illegal, contrary to law, arbitrary against the principles of natural justice and without jurisdiction and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 3. Ld. Standing Counsel for the Respondent No.3 has submitted the Written Instructions dated 19.01.2026 furnished by the Commissioner, Tenali Municipality. Copy of it is supplied to the Ld. Counsel for the Writ Petitioner and the same is taken on record. 4. The relevant portion of the Written Instruction is usefully extracted hereunder: “It is submitted that this Municipality started the construction of C.C Drain along the road duly marking the boundaries of the Municipal Road i.e., T.S.No.622 and 602 etc. In the said process this respondent municipality has not touched the Petitioner's property as alleged by him. The Petitioner's property is situated in T.S.No.618 and the Municipality is constructing drainage in T.S.No.622 and 602. Therefore, the allegations made by the petitioner is that the 3rd respondent was intended to widen the roads and close the existing drainage and to construct a new one which enters into his property is false and the same is made for the purpose of filing Writ 4 Petition. This respondent is not touching the petitioner's property. Moreover, this respondent has no objection for fixing the boundaries on southern and western sides of the petitioner's site with the help of the Surveyor according to the Town Survey records. In fact the Municipality has taken up drainage work after getting surveyed and fixing boundaries for the road by Town Surveyor. Therefore, that the construction of said drainage is for the convenience of public and for free flow of water during rainy season to avoid drainage blocks of rain water in the surrounding areas and it is an important drain in the Town.” 5. The above extract would clearly indicate that the drainage has been constructed in Town Survey No.622 and 602 and that the drainage has not been constructed in Town Survey No.618, Block No.17, Ward No.1 of Tenali Town as contended by the Writ Petitioner. 6. Having so recorded, this Court is of the view that the grievance of the Writ Petitioner alleging that the drainage is being constructed in Town Survey No.618 has been redressed by the Written Instruction indicating that the drainage has been constructed only in Town Survey No.622 and 602, but not in Town Survey No.618. 7. With these observations, this Writ Petition stands disposed of. No order as to costs. 8. Interlocutory Applications, if any, stand closed in terms of this order. _________________________________ GANNAMANENI RAMAKRISHNA PRASAD, J Dt: 20.01.2026 Mnr 5 133 HON'BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION No.26702 OF 2013 Dt: 20.01.2026 Mnr