APHC010111992013 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3328]

(Special Original Jurisdiction)

TUESDAY,THE TWENTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 10257 OF 2013 Between:

1. Y EDDULA NAGIREDDY, KADAPA DIST & ANOTHER, OCC:

AGRICULTURE, RESIDENT OF PULIVENDULA TOWN & MANDAL, Y.S.R. KADAPA DISTRICT.

2. K USUNURU MAHABOOBI, W/O LATE DASTHAGIRI, OCC:

AGRICULTURE, RESIDENT OF PULIVENDULA TOWN & MANDAL, Y.S.R. KADAPA DISTRICT.

...PETITIONER(S)

AND

1. P ULIVENDULA MUNINICIPALITY KADAPA DIST, Rep. by its Commissioner, Pulivendula, Kadapa District.

...RESPONDENT 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 appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in digging the drainage channel across the petitioners land an extent of 180 sq. yards and an extent of Ac.3-84 cents in Sy.No.19/2 of Bakarapuram, Pulivendula Town, Kadapa District without initiating the land acquisition proceedings is as illegal, arbitrary, high handed and violation of Article 14, 21 and 300-A constitution of India and consequently direct the respodent not to dig the drainage channel across the petitioners land an extent of 180 sq. yards and an extent of Ac.3-84 cents in Sy.No.19/2 of Bakarapuram, Pulivendula Town, Kadapa District without initiating the land acquisition proceedings under the Land Acquisition Act and pass IA NO: 1 OF 2013(WPMP 12734 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 to direct the respondent not to dig the drainage channel across the petitioners land an extent of 180 sq. yards and an extent of Ac.3-84 cents in Sy.No.19/2 of Bakarapuram, Pulivendula Town, Kadapa District, pending disposal of the above Writ Petition and pass IA NO: 4 OF 2013(WPMP 108142 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 Counsel for the Petitioner(S):

1. S LAKSHMINARAYANA REDDY Counsel for the Respondent:

1. N RANGA REDDY (SC MC RSEEMA SPSR NLR)

The Court made the following ORAL ORDER:

Heard Sri S. Lakshmi Narayana Reddy, Ld. Counsel for the Writ Petitioner and Sri Gudapati Lakshmi Narayana, Ld. Standing Counsel for the Municipalities.

2. The prayer sought in the present Writ Petition is as under:

“It is prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, order or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent in digging the drainage channel across the petitioners land an extent of 180 sq. yards and an extent of Ac.3-84 cents in Sy.No.19/2 of Bakarapuram, Pulivendula Town, Kadapa District without initiating the land acquisition proceedings is as illegal, arbitrary, high handed and violation of Article 14, 21 and 300-A constitution of India and consequently direct the respondent not to dig the drainage channel across the petitioners land an extent of 180 sq. yards and an extent of Ac.3-84 cents in Sy.No.19/2 of Bakarapuram, Pulivendula Town, Kadapa District without initiating the land acquisition proceedings under the Land Acquisition Act and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.”

3. Ld. Counsel for the Respondents has drawn the attention of this Court to the Counter-Affidavit filed by the sole Respondent on 09.07.2013. The relevant portion of the Counter-Affidavit is usefully extracted hereunder:

“In reply to paras 3, 4 & 5 of the Writ Affidavit, it is respectfully submit that the Public Health Engineering Department has taken up the underground drainage system scheme in Pulivendula Muni