##PAGE1##

2025:APHC:61457

APHC010605152023

IN THE HIGH COURT OF ANDHRA PRADESH

AT AMARAVATI [3333]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY THIRD DAY OF DECEMBER

TWO THOUSAND AND TWENTY FIVE

PRESENT

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 31214/2023

Between:

1. S RI. DASARI MANIKYAM,, S/O. POLAIAH, AGED ABOUT 54

YEARS, R/O. H. ASSESSMENT NO. 1770,

CHANDRASHEKARPURAM VILLAGE, KOTA MANDAL,

TIRUPATI DISTRICT.

...PETITIONER

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL

SECRETARY (PANCHAYAT RAJ) DEPT, SECRETARIAT

BUILDING, VELGAPUDI, GUNTUR DISTRICT

2. T HE STATE OF ANDHRA PRADESH, REP. BY PRINCIPAL

SECRETARY (IRRIGATION) DEPT, SECRETARIAT BUILDING,

VELGAPUDI, GUNTUR DISTRICT.

3. T HE DISTRICT PANCHAYAT OFFICER, TIRUPATI DISTRICT.

4. T HE GUDALI GRAM PANCHAYAT, REP. BY PANCHAYAT

SECRETARY, KOTA MANDAL, TIRUPATI DISTRICT.

5. T HE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO,

KOTA MANDAL, TIRUPATI DISTRICT.

6. T HE ASSISSTANT ENGINEER, IRRIGATION DEPARTMENT,

KOTA MANDAL, TIRUPATI DISTRICT.

7. T HE DISTRICT COLLECTOR, TIRUPATI DISTRICT.

8. T HE TAHSILDAR, KOTA MANDAL, TIRUPATI DISTRICT.

2

2025:APHC:V6S1,J4 57

W.P.NO.31214 OF 2025

...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 appropriate writ more particularly one in the

nature of writ of mandamus declaring the action of the respondents

herein in not granting permission to the petitioner herein to construct a

culvert measuring 80 ft in length, with 4 ft width and 5 ft height, upon the

canal which is existing adjacent to the house of the petitioner with house

assessment No. 1770 in Sy. No. 361/A situated at Chandrashekarpuram

Viiiage, Kota Mandal, Tirupati District, at the cost of the petitioner inspite

of continuous representations made by the petitioner dated 19-11-2022

and 02-11- 2023 as illegal, arbitrary and opposed to the established

principles of law and in violation of Right to Property as guaranteed

under Article 300-A of the Constitution of India and consequently direct

the respondents herein to grant permission to the petitioner for

construction of the culvert upon the canal as mentioned above and pass

IA NO: 1 OF 2023

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 herein to grant permission

to the petitioner to construct a culvert at the cost of the petitioner

measuring 80 ft in iength, with 4 ft width and 5 ft height, upon the canal

which is existing adjacent to the house of the petitioner with house

assessment No. 1770 in Sy. No. 361/A situated at Chandrashekarpuram

Viiiage, Kota Mandal, Tirupati District, by taking into consideration the

representations made by the petitioner dated 19-11-2022 and 02-11-

2023 pending consideration of the present writ petition

Counsel for the Petitioner:

1. K PALLAVI

Counsel for the Respondent(S):

1. GP FOR REVENUE

2. GP FOR PANCHAYAT RAJ RURAL DEV

3. GP FOR IRRIGATION COMM AREA DEV

3

2025:APHC:V6S1,J4 57

W.P.NO.31214 OF 2025

THE HONOURABLE SMT JUSTICE V.SUJATHA

WRIT PETITION NO: 31214/2025

ORDER:-

This writ petition is filed under Article 226 of the Constitution of

India seeking the following relief:

“….to issue an appropriate writ more particularly one in the nature of

writ of mandamus declaring the action of the respondents herein in not

granting permission to the petitioner herein to construct a culvert

measuring 80 ft in length, with 4 ft width and 5 ft height, upon the canal

which is existing adjacent to the house of the petitioner with house

assessment No.1770 in Sy.No.361/A situated at Chandrashekarpuram

Viiiage, Kota Mandal, Tirupati District, at the cost of the petitioner

inspite of continuous representations made by the petitioner dated 19-

11-2022 and 02-11-2023 as illegal, arbitrary and opposed to the

established principles of law and in violation of Right to Property as

guaranteed