APHC010596702025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

WEDNESDAY,THE EIGHTEENTH DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 31037/2025 Between:

1. K OTTAMSETTY RAMBABU, S/O. YELLAMANDAIAH, AGE 45 YEARS, OCC AGRICULTURE, R/O.CHERKUMPALEM VILLAGE, ATCHMAPET MANDAL, PLANADU DISTRICT.

...PETITIONER AND

1. T HE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, PANCHAYAT RAJ AND RURAL DEVELOMENT DEPARTMENT, SECRETARIAT BUILDINGS, A.P.

SECRETARIAT, VELAGAPUDI, AMARAVATHI.

2. T HE DISTRICT COLLECTOR, COLLECTOR'S BUNGLOW, NARASARAOPET, PALNADU DISTRICT.

3. T HE DISTRICT PANCHAYAT OFFICER, NARASARAOPET, PALNADU DISTRICT.

4. T HE MANDAL TAHSILDAR, ATCHAMPET MANDAL ATCHAMET, PALNADU DISTRICT.

5. T HE MANDAL PARISHAD DEVELOPMENT OFFICER, ATCHAMPET MANDAL, PLANADU DISTRICT.

6. T HE CHERUKUMPALEM GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, GRAM PANCHAYAT OFFICE, CHRUKUMPALEM, GUNTUR 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 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 Counsel for the Petitioner:

1. SALIKITI KARUNAKAR Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats 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 6^th 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 compla