C.S.Viswanatham S/o. Srihari Rao(Died) per Lr 2 Vs State of Andhra Pradesh

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APHC010124272015

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[3333]

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction)

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TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 41751/2015

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Between:

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C.S.VISWANATHAM S/O. SRIHARI RAO(DIED) PER LR 2, OCC RETD. EMPLOYEE, R/O. DR.NO.1-123, CHINTAVARI STREET, JONNADA, ALAMURU MANDAL, EAST GODAVARI DISTRICT, PIN 533 233.

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CVN SRI HARI S/O VISWANATHAM, HINDU MALE AGED 40 YEARS R/O D.NO 1 123 CHINTAVARI STREET JONNADA ALAMURU MANDAL EAST GODAVARI DISTRICT PIN 533233 P2 IS BROUGHT ON RECORD AS LR OF DECEASED 1ST PETITIONER AS PER CO DT 14/10/2022 IN IA 01/2022

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...PETITIONER(S)

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AND

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STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT SAIFABAD, HYDERABAD.

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THE DISTRICT COLLECTOR, EAST GODAVARI DISTRICT, KAKINADA.

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THE TAHSILDAR, ALAMURU MANDAL, EAST GODAVARI DISTRICT.

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EXECUTIVE ENGINEER, GODAVARI EASTERN DIVISION (IRRIGATION SECTION) DAWLESWARAM, EAST GODAVARI DISTRICT.

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DEPUTY EXECUTIVE ENGINEER IRRIGATION SECTION,

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2

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KOTIPALLI, EAST GODAVARI DISTRICT.

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ASSISTANT EXECUTIVE ENGINEER, IRRIGATION SECTION, ALAMURU, EAST GODAVARI DISTRICT.

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...RESPONDENT(S):

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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 to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 6th respondent in rejecting petitioner's representation vide Proceedings in Lr.No.346 A dated 0812-14 and not providing regular maintenance, necessary repair to the field canals adjacent to the petitioners land in R.S.No.273/2, Ac.0.62 cents in R.S.No.239/1 and Ac. 0.15 cents in R.S.No.239/8 of Mulastanam village of Alamuru Mandal, East Godavari District by the respondents is illegal, arbitrary and violative of the Board Standing Orders, Provisions of Water, Land, Trees Act 2002 and also offends under Articles 14, 21 and 300 A Constitution of India and consequently direct the respondents to undertake repair works forthwith in the field canal and pass

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IA NO: 1 OF 2015(WPMP 53868 OF 2015

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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 2 to 6 to undertake the field canal works in Mulastanamn village of Alamjuru Mandal, East Godavari District forthwith, pending disposal of the main writ petititon and pass.

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IA NO: 1 OF 2022

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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 bring proposed 2nd petitioner as legal heir of the deceased/C.S. Viswanatham (died), in the main Writ Petition 41751 of 2015, in the interest of justice and pass

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Counsel for the Petitioner(S):

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1.MANGENA SREE RAMA RAO

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Counsel for the Respondent(S):

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1.GP FOR IRRI AND CAD (AP)

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3

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The Court made the following:

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4

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HONOURABLE SMT. JUSTICE V.SUJATHA

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WRIT PETITION No.41751 of 2015

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ORDER :

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The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:-

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“….to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 6th respondent in rejecting petitioner's representation vide Proceedings in Lr.No.346 A dated 08-12-14 and not providing regular maintenance, necessary repair to the field canals adjacent to the petitioners land in R.S.No.273/2, Ac.0.62 cents in R.S.No.239/1 and Ac. 0.15 cents in R.S.No.239/8 of Mulastanam village of Alamuru Mandal, East Godavari District by the respondents is illegal, arbitrary and violative of the Board Standing Orders, Provisions of Water, Land, Trees Act 2002 and also offends under Articles 14, 21 and 300 A Constitution of India and consequently direct the respondents to undertake repair works forthwith in the field canal and pass….”

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The petitioner herein is an absolute owner and possessor of agricultural land to an extent of Acs.1.62 cents in R.S.No.273/2, Acs.0.62 cents in R.S.No.239/1 and Acs.0.15 cents in R.S.No.239/8 of Mulastanam village of Alamuru mandal, East Godavari district. The petitioner has been cultivating the said land by depending on the drain water canal which passes through the said land and the respondent Nos.2 to 6 are custodians having jurisdiction over the field channel for its proper maintenance. Due to lack of proper maintenance of the said canal, the petitioner’s land is filled with mud, which was also brought to the notice of the respondent authorities, but of no avail. As such, the petitioner submitted a representation dated 08.06.2014 to the 6^th respondent and as the same was not considered, the petitioner filed W.P.No.29390 of 2014, wherein,

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5

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this Court has directed the respondents to consider the representation dated 08.06.2014. In spite of there being an order from this Court, as the respondent authorities have not initiated any action, the petitioner filed a contempt case (C.C.No.2072 of 2014) against the respondent authorities, pursuant to which, the 6^th respondent authorities vide order dated 08.12.2014 rejected the representation submitted by the petitioner stating that after receiving report from the Assistant Director, Horticulture and the approval of water users association, the repairs of the field channel, if any, would be taken up in the summer season. Aggrieved by the inaction of the 6^th respondent, in taking steps for proper maintenance of the aforesaid field canal, the present writ petition is filed.

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Heard learned counsel for the petitioner and learned Assistant Government Pleader for Irrigation. 4. Today when the writ petition came up for hearing, learned Assistant Government Pleader has produced a copy of instructions of the Assistant Executive Engineer, Water Resources Section, Alamuru, dated 14.08.2025, wherein it is stated that the subject land of the petitioner is fertile double crop wet land and is suitable for paddy crop, which was grown previously on par with adjacent lands, which required minimum standing water depth of about four centimeters. Subsequently, the petitioner herein has changed the crop pattern to oil palm trees intercropped with banana trees, without taking necessary measures such as water flow arrangements, irrigation channel systems, drainage system etc., and without obtaining necessary permissions from department officials. It is further stated that the maintenance of the field channel cum field drain passing adjacent to the petitioner’s land has been carried out periodically

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6

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under different government schemes like MGNREGS scheme and that the maintenance work of the said field channel was executed in the month of June, 2025, which was also certified by the Panchayat secretary, Jonnada village, Alamuru mandal vide letter dated 14.08.2025.

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Admittedly, the main grievance of the petitioner is that the respondent authorities are not properly maintaining the field canal passing through the petitioner’s land, due to which, he is facing significant challenges. However, it can be seen from the instructions produced by the learned Assistant Government Pleader that the respondent authorities, using the funds of Gram panchayat and under various Government schemes such as MGNREGS, are executing maintenance works of the said field channel. The respondent authorities have also executed the maintenance work of the said canal in the month of June, 2025. As such, this Court is of the opinion that no further orders would be necessary in the present petition.

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Accordingly, this writ petition is closed. There shall be no order as to costs.

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As a sequel, miscellaneous applications, pending, if any, shall also stand closed.

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____________________ JUSTICE V.SUJATHA

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Date :02.09.2025. Gss

C.S.Viswanatham S/o. Srihari Rao(Died) per Lr 2 v. State of Andhra Pradesh

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C.S.Viswanatham S/o. Srihari Rao(Died) per Lr 2 v. State of Andhra Pradesh

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