APHC010244742023 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3332]

(Special Original Jurisdiction)

TUESDAY,THE TWENTY FOURTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 12867/2023 Between:

1. MALLIPUDI SRINIVASULU, SIO KRISHNAMURTHY, AGE. 53 YEARS, D.NO.2-16,ARJUNUDUPALEM VILLAGE, LRGAVARAMMANDLAM, WEST GODAVARI DISTRICT

2. MALLIPUDI LAKSHMI, W/O SRINIVASULU, AGE.48 YEARS, D.NO.2-

16,ARJUNUDUPALEM VILLAGE, IRGAVARAMMANDLAM, WEST GODAVARI DISTRICT ...PETITIONER(S)

AND

1. THE STATE OF ANDHRA PRADESH, THROUGH ITS PRINCIPAL SECRETARY DEPARTMENT OF IRRIGATION, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT

2. THE DISTRICT COLLECTOR, , WEST GODAVARI DISTRICT, BHIMAVARAM

3. THE REVENUE DIVISIONAL OFFICER, BHIMAVARAM DIVISION, WEST GOADAVRI DISTRICT

4. THE TAHSILDAR, IRGAVARAMMANDALAM, IRGAVARAM, WEST GODAVARI DISTRICT

5. THE SECRETARY, ARJUNUDUPALEM GRAM PANCHAYAT, ARJUNUDUPALCM (REVENUE VILLAGE- IRGAVAMM)

IRGAVARAMMANDLAM, WEST GODAVARI DISTRICT

6. ASSISTANT EXECUTIVE ENGINEER IRRIGATION, WATER RESOURCES SECTION, PENUMANTRA, WEST GODAVARI 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 in the nature of Writ of MANDAMUS declaring the action of respondents in trying to construct/lay a road passing through lands situated to the south of the petitioners land i.e. R.S.No. 656/2, 3 and 4 by blocking/damaging the flow of irrigation water to the petitioners lands situated in R.S.No. 657/IA and 657/1B-1 of Arunudupalem Village (Revenue Village- Irgavaram), Irgavaram Mandal, West Godavari DIstrict as arbitrary, illegal, capricious and against Article 21 of the Constitution and consequently direct the 6th respondent to provide a separate irrigation feeder channel/stream/drain to the petitioners lands situated in R.S.No. 657/1A and 657/1B-1 of Arunudupalem Village (Revenue Village- Irgavaram), Irgavaram Mandal, West Godavari District. 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 not to construct/lay a road passing through lands situated to the south of the petitioners land i.e. R.S.No. 656/2, 3 and 4 until a separate irrigation feeder channel/stream/drain is provided to the petitioners land admeasuring a total of Ac. 00.82 cts situated in R.S No. 657/1A and 657/1B-1 of Arjunudupalem Village (Revenue Village¬Irgavaram), Irgavaram Mandal, West Godavari District and pending disposal of the Writ Petition before this Hon'ble Court.

IA NO: 2 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 vacate the interim order dated 12.05.2023 in W.P.No.12867 of

2023 and also dimiss the writ petition and pass Counsel for the Petitioner(S):

1. KANUKOLANU SRI SAI SANJAY Counsel for the Respondent(S):

1. GP FOR REVENUE

2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT)

3. GP FOR IRRIGATION COMM AREA DEV ORDER This writ petition is filed questioning the action of respondent authorities in trying to construct/ lay a road passing through the lands situated to the south of the petitioners’ land in R.S.No.656/2,3 and 4 by blocking/ damaging the flow of irrigation water to the petitioner land situated in R.S.No.657/1A and 657/1B-1 of Arunudupalem village, Irgavaram Mandal, West Godavari District.

2. Heard Sri Sri Sai Sanjay, learned counsel for the petitioners, and the learned Assistant Government Pleader for Irrigation. Both the learned counsel advanced arguments in tune with their pleadings.

3. In the counter-affidavit filed by respondent no.4-Tahsildar it is stated that formation of approach r