The High Court of Andhra Pradesh dismissed a writ petition seeking a stay on the closure of an irrigation channel and road construction. The court held that since the respondents abandoned the proposed action, the petition was infructuous and required no further adjudication.
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)
TUESDAY, THE EIGHTH DAY OF AUGUST TWO THOUSAND AND TWENTY THREE
PRESENT
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 5280 OF 2019
Between: B Lingamma, occ. Agriculture, r/o Chebrolu village Nandyal Mandal,Kurnool District.
...PETITIONER
AND
...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 pleased to issue an appropriate Writ, order or Direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondent authorities in trying to close the irrigation channel and lay the road in Sy.No. 81/2_ situated at Chebrolu village, Nandyal Mandal, Kurnool District, without any notice and without following the procedure contemplated under the Statute, as being illegal, arbitrary and unjust, and to grant such other relief or reliefs as this Hon'ble Court deems fit and proper in the circumstances of the case.
(Prayer is amended as per Court Order dated 14/02/2020 in I.A. No.1 of 2020)
IA NO: 1 OF 2019
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 respondents herein not to close the irrigation channel and lay the road in Sy.No. 81/2 situated at Chebrolu village, Nandyal Mandal, Kurnool District, pending disposal of the main Writ Petition.
Counsel for the Petitioner(s): SRI. Y RATNA PRABHA
Counsel for the Respondents 1 to 4 : GP FOR IRRIGATION COMM AREA DEV
Counsel for the Respondent No.5 : NONE APPEARED
The Court made the following: ORDER
HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.5280 of 2019
ORDER:
Learned counsel for the petitioner submits that the respondents dropped from the construction of laying road by closing irrigation channel in Survey No.81 / 2 situated at Cebrolu Village, Nandyal Mandal, Kurnool District.
As contended by the learned counsel for the petitioner, the same was informed by the learned counsel for the respondents.
Therefore, no cause is survives for further adjudication. Accordingly, the writ petition is dismissed as infructuous. However, if the respondents intends to initiate any action in future, the petitioner is at liberty to challenge the same.
Consequently, Miscellaneous Petitions, if any, pending in
the writ petition shall stand closed.
SDI- A. VIJAYA BABU ASSISTANT REGISTRAR //TRUE COPY// SECTION OFFICER'-
To,
HIGH COURT
DATED:08/08/2023
ORDER
WP.No.5280 of 2019
DISMISSING THE WP AS INFRUCTUOUS WITHOUT COSTS
1 issue framed by the court
Whether the writ petition challenging the closure of an irrigation channel and road construction remains maintainable given the respondents have abandoned the action.
2 provisions across 2 enactments
B Lingamma
The State of AP
The District Collector
The Superintending Engineer
The Executive Engineer
Kanala Water Users Association
Venkateswarlu Nimmagadda
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
