APHC010276722024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

FRIDAY,THE TWENTY THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 13771/2024 Between:

1. MADAKA KRISHNA SWAMY,, S/O. MADAKA PEDASWAMI, AGED 63 YEARS, R/O. 1-294, GRANDHALAYAM STREET, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL ALLURI SITHARAMA RAJU DISTRICT, ANDHRA PRADESH - 533 428.

...PETITIONER AND

1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF IRRIGATION AND CAD, A.P.

SECRETARIAT, VELAGAPUDI, AMARAVATI.

2. THE DISTRICT COLLECTOR, PADERU, ALLURI SEETHA RAMA RAJU DISTRICT.

3. THE SUPERINTENDING ENGINEER, IRRIGATION CIRCLE, DOWLESWARAM, RAJAMAHENDRAVARAM, ANDHRA PRADESH.

4. THE TAHSILDAR, ADDATEEGALA MANDAL, ALLURI SEETHA RAMA RAJU DISTRICT.

5. THE PANCHAYAT SECRETARY, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL, ALLURI SEETHA RAMA RAJU DISTRICT.

6. JONNADA BULLI RAJU S/O NAGARAJU, , AGE 45, R/O D NO.3-120, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL

7. AMIJALA SATISH S/O SATYANARAYANA, AGED 34 YEARS, R/O D NO.3-56, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL.

8. AMIJALA RAJAMMA W/O SATYANARAYANA, AGED 56 YEARS, R/O D NO.56/1, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL

9. ADAPA KINDALARAO S/O NOOKAIAH, AGED ABOUT 80 YEARS, R/O D NO.3-115, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL.

10. BODIREDDY ACHUTAMMA D/O SATYANARAYANA, AGE 42 YEARS, R/O D NO.2-126, OPPOSITE CINEMA HALL, ADDATEEGALA VILLAGE, ADDATEEGALA MANDAL RR 6 TO 10 ARE IMPLEADED AS PER THE CO DT.21.10.2024 VIDE ORDERS PASSED IN IA NO.02 OF 2024.

...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 an order or direction, especially one in the nature of WRIT OF MANDAMUS declaring the action of the Respondent Authorities in arbitrarily allowing the unauthorized construction of a temple on the irrigation channel itself, located towards eastern side of the petitioner's agricultural land, situated at Sy.No.45-1 of Addateegala Village, Addateegala Mandal, Alluri Seetha Rama Raju District, by blocking the free-water flow meant for cultivation of crops, without acquiring any permission or approval from concerned Respondent Authorities and also assailing the action of the 3rd Respondent in not considering the petitioner's representation dated 20.06.2024 seeking to stop such unauthorized construction, as illegal, arbitrary, colourable exercise of powers, in violation of principles of natural justice, in violation of Articles 14, 21, 51A (i) and 300-A of the Constitution of India and also in violation of Andhra Pradesh (Andhra Area) Irrigation Works (Repairs, Improvement and Construction) Act, 1943, Andhra Pradesh (Andhra Area) Irrigation Tanks (Improvement) Act, 1949 and Andhra Pradesh Farmers' Management of Irrigation Systems Act, 1997 and the rules framed thereunder and consequently direct the Respondent Authorities to stall/stop the said unauthorized construction and remove the same and to 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 direct the Respondent Authorities to stay of all further activities of unauthorized construction of a temple on the irrigation channel itself, located towards eastern side of the petitioner’s agricultural land, situated at Sy.No.45- 1 of Addateegala Village, Addateegala Mandal, Alluri Seetha Rama Raju District pending disposal of the main writ petition and to pass IA NO: 2 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 implead the proposed respondents No. 6 to 10 as parties as they were necessary parties in the main Writ Petition No. 13771 of 2024 in the interest of justice and pass Counsel for the P