APHC010299202024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

WEDNESDAY,THE ELEVENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 15145/2024 Between:

1. K UMMITHA LAKSHMI REDDY, S/O. KUMMITHA ANKAREDDY, AGED ABOUT 77 YEARS, OCC AGRICULTURE R/O. KONDA REDDY PALLI (G), GUVVADI, GANDIPALEM, NELLORE, SPSR NELLORE DISTRICT - 524236.

2. S RI. KUMMITHA RAMIREDDY,, S/O. KUMMITHA ANKIREDDY, AGED ABOUT 75 YEARS, OCC AGRICULTURE R/O. KONDA REDDY PALLI (G), GUVVADI, GANDIPALEM, NELLORE, SPSR NELLORE DISTRICT - 524236.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY THE PRINCIPAL SECRETARY (IRRIGATION DEPARTMENT), SECRETARIAT BUILDING, VELGAPUDI, GUNTUR DISTRICT.

2. T HE EXECUTIVE ENGINEER, ATMAKUR, SPSR NELLORE DISTRICT.

3. T HE DEPUTY EXECUTIVE ENGINEER, UDAYAGIRI, SPSR NELLORE DISTRICT.

4. T HE ASSISTANT EXECUTIVE ENGINEER, UDAYAGIRI, SPSR NELLORE DISTRICT.

5. T HE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT.

6. T HE TAHSILDAR, VARIKUNTAPADU MANDAL, SPSR NELLORE 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 toppleased to issue an appropriate writ more particularly one in the nature of writ of mandamus declaring the action of the respondents 2-4 herein in not making any arrangement for laying pipe lines to divert the flood water in the rainy season which are submerging the agricultural lands of the petitioners in Sy. No's. 497, 498 admeasuring an extent of Ac. 13.00 cents situated at Guvvadi Village, Varikuntapadu Mandal, SPSR Nellore District inspite of making representations to the respondent authorities dated 05- 03- 2024 and 31-05-2024 as illegal, arbitrary, opposed to the established principles of law and in vioalation of Right to property as guaranteed under Article 300-A of the Constitution of India and consequently direct the respondents herein to make arrangements to lay pipes for diverting the flood water to the lands of the petitioners by taking into consideration the representations above mentioned and 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 pleased to direct the respondents 2-4 to make alternative arrangement by laying pipe lines to the existing canal in order to divert the flood water to the lands of the petitioners by taking into consideration the representations dated 05-03-2024 and 31-05- 2024 pending disposal of the present writ petition and pass Counsel for the Petitioner(S):

1. K PALLAVI Counsel for the Respondent(S):

1. GP FOR IRRI AND CAD The Court made the following:

ORDER

Aggrieved by the action of the respondents in not making arrangements for laying any pipelines to divert the flood water during the rainy season, which are submerging the agricultural lands of the petitioners situated in Sy.No.497, 498 of Guvvadi Village, Varikuntapadu Mandal, SPSR Nellore District, despite making representations to the authorities concerned dated 05.03.2024 and

31.05.2024, the present writ petition is filed.

2. Heard Ms.K.Pallavi, learned counsel for the petitioners and Sri Satish Kumar, learned Assistant Government Pleader for Irrigation appearing for the respondents.

3. While reiterating the contents of the affidavit, learned counsel for the petitioners submitted that during the rainy season, the petitioners’ agricultural lands would be submerged due to rain water. Representations were made to the authorities concerned to protect the petitioners’ lands from submerging rain water during rainy season. The authorities so far not passed any orders. It is the statutory duty cast upon the authorities to protect the petitioners’ agricultural lands by making arrangements like laying pipelines to divert the rain water. It would suffice for the time being if a