Writ petition challenging a government memo permitting construction of culverts was dismissed for default as the petitioner failed to present a representation.
Writ Petition No. 4133 of 2020 dismissed for non-prosecution. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVATI
(Special Original Jurisdiction)
FRIDAY, THE ELEVENTH DAY OF AUGUST I TWO THOUSAND AND TWENTY THREE |
PRESENT
a
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA^"
■ WRIT PETITION NO: 4133 OF 2020
Between:
*-ate Konda Reddy, Aged about 52 years, Occ- President Water Users Association No.86 of Pata Kadapa, YSR District.
...PETITIONER
and
1. The State of Andhra Pradesh, rep by its Principal Secretary, Irrigation and Command Area Department, Secretariat Buildings, Velagapudi, Guntur uisincT.
2. The Superintendent Engineer, Water Resource Deparement, K.C. Division Kurnool, Kurnool District.
4. The Deputy Executive Engineer, Water Resource Deparement, K C Canal •
Division, Mydukur, YSR District.
...RESPONDENTS
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 |:^eased to issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the Memo.No. F.NO.M-56/TW/JT04/91 dated 20.09.2019 issued by the respondent No.3 permitting the respondent No.7 to construct two culverts across Ukkayapalli. Channel Distributory near n on and Sy.No.40/1 (Ayesha School grounds) at Km. 0.1500 and at Km 0.800, near Kadapa Town and Mandal, Y.S.R District at his own expense is arbitrary, illegal, and without power or authority apart from being violative of fundamental rights guaranteed to the petuitioner under Articles 14, 19 and 21 of Constitution of India, and consequently set aside the same.
lA NO: 1 OF 2020
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 to direct the respondent No.2 to 6 not to permit the respondent No.7 to construct two (2) culverts across Ukkayapalli, Channel Distributary, near SyNo,39/A2 and Sy.No. 40/1 (Ayesha School grounds) at Km. 0.1500 and at Km 0.800, near Kada Town and Mandal, pending disposal of the above Writ Petition.
lA NO: 2 OF 2020 .
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 to suspend the Memo No. F.No.M-56/TW/JT04/91, dated 20.09.2019 issued by the respondent No.3, pending disposal of the above Writ Petition.
Counsel for the Petitioner(s): SRI. ANGADI MANOJ (NOT PRESENT)
Counsel for the Respondents 1 to 5 : GP FOR IRRIGATION COMM AREA DEV
Counsel for the Respondent No.6 : GP FOR HOME
Counsel for the Respondent No.7 : SRI PVL BHANU PRAI^ASH
The Court made the following : ORDER ;
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITON NO.4133 OF 2020
ORDER:
On .01.08.2023, there was no representation on behalf of the petitioner, the matter was posted to today under the caption ‘for dismissal’. Even today also there is no representation on behalf of the petitioner. This indicates that the petitioner herein has no interest in prosecuting the Writ Petition.
Accordingly, the Writ Petition is dismissed for non
prosecution. There shall be no order as to costs.
As a sequel, miscellaneous petitions, if any, pending
shall stand closed.
<br>
SD/- B. PRASADA RAO ASSISTANTF^GISTRAR //TRUE COPY// SECTION OFFICER To, 1. One GC to SRI. ANGADI MANOJ Advocate [OPUC] 2.. Two CCs to GP FOR IRRIGATION COMM AREA DEV, High Court of Andhra Pradesh. [OUT] 3. Two CCs to GP FOR HOME, High Court of Andhra Pradesh. [OUT] 4. One CC to SRI. PVL BHANU PRAKASH Advocate [OPUC] 5. Two CD Copies MSR Sri-
HIGH COURT
DATED:11/08/2023
ORDER
WP.No.4133 of 2020
^SSEP 2023 I
■CP
DISMISSING THE WP FOR DEFAULT WITHOUT COSTS
Konda Reddy
State of Andhra Pradesh
Superintendent Engineer, Water Resource Department
Executive Engineer, Water Resource Department
Deputy Executive Engineer, Water Resource Department
Assistant Executive Engineer, Water Resource Department
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
