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2025:APHC:56979

APHC010498852025

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

WRIT PETITION NO: 26073/2025

Between:

1. YALAMANCHILI RAGHU RAM CHANDRA RAO, S/O. APPARAO,

AGED ABOUT 48 YEARS, R/O, 72, CH. NAGAPURAM VILLAGE ( R

),CHIDIKADA, GOLUGONDAMANDAL,ANANKAPALLI DISTRICT.

...PETITIONER

AND

1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS

PRINCIPAL SECRETARY, PANCHAYATH RAJ DEPARTMENT,

SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. THE DISTRICT COLLECTOR, ANANAKAPALLI DISTRICT.

3. THE ASSISTAMT ENGINEER, IRRIGATION DEPARTMENT,

NARSIPATNAM, ANAKAPALLI DISTRICT.

4. THE DEPUTY EECUTIVE ENGINEER, PANCHAYATH RAJ

DEPARTMENT, NARSIPATNAM, ANANKAPALLI DISTRICT.

5. CH NAGAPURAM GRAM PANCHAYAT, REP.BY ITS PANCHAYAT

SECRETARY, CH NAGAPURAM VILLAGE. HABITATION OF

CHEEDIKADA GRAM PANCHAYATH, GOLUGONDA MANDAL,

ANAKAPALLI DISTRICT.

6. THE TAHSILDAR, GOLUGONDA, GOLUGONDA MANDAL,

ANAKAPALLI DISTRICT.

2025:APHC:56979

7. SENAPATHI SATHIBABU, S/O. KONDAYYA, AGED ABOUT 45

YEAIRS, R/O, L-115,CH. NAGAPURAM VILLAGE ( R ),CHIDIKADA,

GOLUGONDAMANDALJANANKAPALLI 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 one in nature of WRIT OF MANDAMUS by declaring the action of

the respondents in not removing the unauthorized construction on a notified

water body which is known as 'SirrapalliVaniCheruvu' or PaniCheruvu,' in an

extent of Ac.3.61 cents situated in Sy No. 70 in the Ch. Nagapuram village,

mandal district as illegal, arbitrary and unconstitutional. And consequently

direct the respondents more particularly the respondent to remove the

unauthorized construction on a notified water body which is known as

'SirrapalliVaniCheruvu' or 'PaniCheruvu,' in an extent of Ac.3.61 cents

situated in Sy No. 70 in the Ch. Nagapuram village, GolugundaMandal,

Anakapalli District. And to pass

IA NO: 1 OF 2025

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 not to make any further constructions in

the on a notified water body which is known as “SirrapalliVaniCheruvu” or

“PaniCheruvu,” in an extent of Ac.3.61 cents situated in Sy No. 70 in the Ch.

Nagapuram village, GolugundaMandal, Anakapalli District. Pending disposal

of the above writ petition and pass

IA NO: 2 OF 2025

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

may be pleased to amend the affidavit para no:1 As “I submit that I am the

Petitioner herein and I am Sarpanch of Ch. Nagapuram village, Golugonda

Mandal, Anakapalli District and as such I am well acquainted with the facts of

the case. INSTEAD OF “ I submit that I am the Petitioner herein and as such I

am well acquainted with the facts of the case. ” in the above Writ Petition No.

26073 Of 2025 and pass

2025:APHC:56979

Counsel for the Petitioner:

1. P NANILU NAIDU

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. Yarraguntla.Koteswara Rao,Standing Counsel For Zilla Praja

Parishads,Mandal Praja Parishads and Gra

The Court made the following:

2025:APHC:56979

ORDER

The grievance of the petitioner is that the respondent authorities are

not removing unauthorized construction made by respondent no.7 on notified

water body known as Sirrapallivani Cheruvu or Panicheruvu in an extent of

Ac.3-61 cents situated in Survey No.70 of Ch.Nagapuram Village.

2. Despite giving sufficient time the authorities did neither get

instructions nor file counter.

3. The relief sought is innocuous for removal of unauthorized

constructions made by respondent no.7 on water body. A