The High Court of Andhra Pradesh, Amravati Bench, on 14.10.2024, disposed of a writ petition challenging land acquisition for irrigation channel construction without hearing the petitioner, as the petition appeared unrepresented on the cause list.
The writ petition was dismissed for default without 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)
MONDAY, THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 13455 OF 2018
Between:
...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 a Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 2nd and 3rd respondents in constructing/strengthening of Gunanapuntha channel through the land of petitioner situated in Sy.No. 177/2 with an extent of Ac.0.96 cents of Satyavaram Village, Payakaraopeta Mandal, Visakhapatnam District without following the procedureestablishedunder law is highly illegal, arbitrary and in violation of Articles 300-A of the Constitution of India and consequently direct the respondentsnotto make construction/strengthening of Gunanapuntha channel through the land of
petitioner situated in Sy.No. 177/2 with an extent of Ac.0.96 cents of , "^S^tyavaram Village, Payakaraopeta Mandal, VisakhapatnamDistrictexcept ' \ *<iirrder due process of law lA NO: 1 OF 2018 Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to make constructing/stren gthening Gunanapuntha channel through the land of petitioner situated in Sy.No. 177/2 with an extent of Ac.0.96 cents of Satyavaram Village, Payakaraopeta Mandal, Visakhapatnam District except under due process of law pending disposal of the above writ petition
lA NO: 2 OF 2018
Between:
... Petitioners/Respondents
AND
...Respondent/Petitioner
Petition under Section 151 CPC praying that in thecircumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to vacate the interim order dt. 18.04.2018 passed in lA.No. 1/2018 in WP. No. 13455/2018 and dismiss the writ petitionastherearenomerits in it
Counsel for the Petitioner
: SRI. VV N NARAYANA RAO
Counsel for the Respondent 1 to 3 ; GP FOR IRRIGATIONAND COMMAND AREA DEVELOPMENT (AP)
The Court made the following ORDER :
%»
APHC010298782018
IN THE HIGH COURT OF ANDHRA PRADESH [^S AT AMARAVATI (Special Original Jurisdiction)
[3311]
MONDAY ,THE FOURTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FOUR
PRESENT
THE HONOURABLE MS JUSTICE B S BHANUMATHI
WRIT PETITION NO: 13455/2018
Between:
Devavarapu Nookaraju,
...PETITIONER
AND
PrI Secy Irrigation Dept State Of A P and Others ...RESPONDENT(S)
Counsel for the Petitioner:
1.VV N NARAYANA RAO
Counsel for the Respondent(S):
1.GP FOR IRRl AND CAD (AP)
The Court made the following:
HON’BLE Ms. JUSTICE B.S.BHANUMATHI
WRIT PETITION No.13455 of 2018
ORDER:
This writ petition is filed seeking to issue a writ of mandamus declaring the action of the 2 nd and 3rd respondents in constructing/strengthening of Gunanapuntha channel through the land of petitioner situated in Sy.No.177/2 with an extentofAc.0.96centsof Satyavaram Village, Payakaraopeta Mandal, Visakhapatnam District without following the procedure established under law as illegal arbitrary and in violation of Articles 300-A of theConstitutionofIndia.
No representation for the petitioner on 04.10.2024 or today in spite of posting the matter previously in the weekly cause list and today under the ca'ption ‘for dismissal’.
Hence, the writ petition is dismissed for default.
There shall be no order as to costs.
To,
Pending miscellaneous applications, if any, shall standclosed. SD/- A VENUGOPALA RAO ASSISTANT (IISTRAR //TRUE COPY// SECTION OFFICER
PMT
DB Section
HIGH COURT
DATED:14/10/2024
ORDER
WP.No.13455 of 2018
DISMISSING THE WP AS DEFAULT WITHOUT COSTS
1 issue framed by the court
Whether the writ petition should be discharged from regular hearing and disposed of due to lack of representation by the petitioner on the posting date.
Colour shows how this judgement treated each authority
Articles 300-A of the Constitution of IndiaReferred¶51
Devavarapu Nookaraju
The State of Andhra Pradesh, Irrigation Department (Minor)
The Deputy Executive Engineer, Minor Irrigation
The Assistant Executive Engineer, Minor Irrigation
B S Bhanumathi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
