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 a direction, an order or a writ more particularly one in the nature of a writ of mandamus declaring action of the respondent particularly 4th, 5th, 6threspondent in forming a sewerage in private property of the petitioner in Sy.No.256/30, D.No,4/72, Cherukumpalem Village, causing damage to the house structure by digging land too close to the foundations of the house as illegal, arbitrary and violation of Article 21 of the Constitution of India and consequently direct the respondents not to forms any sewerage system, canal close to the house especially the land of the petitioner house in Sy.No.256/30 of Cherukumalem Village, Atchamet Mandal, Palnadu District

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 consequently direct the respondents not to forms any sewerage too close to the house especially the land of the petitioner house in Sy.No.256/30 of Cherukumalem Village, Atchamet Mandal, Palnadu District in the interest of justice

IA NO: 1 OF 2026

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 vacate the order dated 12.11.2025 passed orders in W.P.No. 31037 of 2025 in the interest of justice and pass

The Court made the following:

::ORDER::

Heard Sri S.Karunakar, learned counsel for the petitioners, Sri P.Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development for the respondents 1 and 3, Ms. Usha, learned Assistant Government Pleader for Revenue for the respondents 2 and 4, and Ms. Kavitha, learned counsel representing Sri M.Sudhir, learned Standing counsel for the respondents 5 and 6.

2. The above writ petition was filed to declare the action of respondents 4 to 6 in forming a sewerage drain in the private property of the petitioner in Sy.No.256/30, D.No.4/72, Cherukumpalem Village, as illegal and arbitrary.

3. Learned counsel for the petitioner would submit that the petitioner constructed a residential house in ancestral property in Sy.No.256/30 of Cherukumpalem Village. While making the construction of the house, at the request of the village elders, the petitioner left a piece of land for the free flow of rainwater. The Panchayat Secretary of the 6th respondent, under the guise of forming a sewerage drain, removed the clay filled by the petitioner to protect the compound wall. The petitioner objected to the same. The petitioner also made a complaint to the SHO, Atchampet. The petitioner also made a representation dated 16.09.2025 to the District Collector.

4. An interim direction was granted on 12.11.2025, directing the concerned respondents not to form the sewage drain close to the petitioner’s house.

5. A counter-affidavit was filed on behalf of the 6th respondent. It was contended, inter alia, that the neighbours gave multiple complaints in PGRS vide PLND20250901416 dated 15.09.2025 and PLND202510061390 dated 17.09.2025, regarding obstruction of drainage water by the petitioner. The petitioner also raised a cement edge on the road margin in Sy.No.93. The report of the Mandal Surveyor, Atchampet, discloses that the petitioner is having house in Sy.No.93 (after re-survey), including the said drain. The total extent of land in Sy.No.93 is Ac.6.24 cents, and the same is included in the list of Prohibitory Properties under Section 22-A of the Registration Act. The Gram Panchayat initiated action based on the complaints to provide a drainage facility on the road margin. However, the petitioner constructed a cement edge over the road margin by closing the drain. The petitioner, without any manner of right, title or authority, claimed ownership over the road margin a