Koli Chinna Yellappa Vs the State of Andhra Pradesh

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IN THE HIGH COURT OF ANDHRA PRADESH AMAR^^ (Special Original Jurisdiction)

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WEDNESDAY, THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HON’BLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD WRIT PETITION NO: 5883 OF 2025

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Between:

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Koli Chinna Yellappa, S/o Pedda Yellappa, age about 60 years, Occ Agriculture coolie, R/o H.No.9-37, Maddikera Village, Maddikera Mandal, Kurnool District.

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...PETITIONER

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AND

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The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayathraj Department, Secretariat Buildings, Velagapudi, Amaravathi.

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The District Collector(Panchayathraj), Kurnool District^atKurnool.

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The District Panchayath Officer, Kurnool District at^Kurnool.

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The Divisional Panchayath Officer, Adoni, Kurnool District.

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The Mandal Parishad Development Officer, Maddikera^Mandalat Maddikera, Kurnool District.

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The Tahsildar, Maddikera Mandal at Maddikera, Kurnool^District. 7. The Maddikera Gram Panchayath, Rep. by its Secretary,^Maddikera Village Mandal, Kurnool Distric

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...RESPONDENTS

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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 issue an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents in considering the petitioners representation dated 01-02-2025, requesting to lay the CC road by providing an alternative route for flowing of

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the drain and rain water, instead of stopping in front of petitioners House bearing Door No.9-37, situated at Maddikera Village, Maddikera Mandat, Kurnool District, as illegal, arbitrary, and violation of principles of natural justice and consquentlydirect the respondents to lay the CC road by providing an alternative route for flowing of the drain and rain water, instead of stopping in front of petitioners House bearing Door No.9-37, situated at Maddikera Village, Maddikera Mandal, Kurnool District.

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lA NO: 1 OF 2025

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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 to consider the petitioner’s representation dated 01-02-2025, pending disposal of the above writ petition.

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Counsel for the Petitioner: SRI T. BHEEMANNA

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Counsel for the Respondent Nos.1 to 4: GP FOR PANCHAYAT RAJ AND

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RURAL DEVELOPMENT

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Counsel for the Respondent Nos.5 & 7: SRI M. SUDHIR, SC FOR ZPP,

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MPP & GRAM PANCHAYAT

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Counsel for the Respondent No.6:GP FOR REVENUE

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The Court made the following: ORDER

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[3328]

APHC010109792025

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

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WEDNESDAY ,THE NINETEENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE GANNAMANENI RAMAKRISHNA PRASAD

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WRIT PETITION NO: 5883/2025

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Between:

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1.KOLI CHINNA YELLAPPA, S/0 PEDDA YELLAPPA, AGE ABOUT 60 YEARS, OCC AGRICULTURE COOLIE, R/0 H.NO.9-37, MADDIKERA VILLAGE, MADDIKERA MANDAL, KURNOOL DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI. SECRETARY PANCHAYATHRAJ

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THE DISTRICT COLLECTORPANCHAYATHRAJ, KURNOOL DISTRICT AT KURNOOL.

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THE DISTRICT PANCHAYATH OFFICER, KURNOOL DISTRICT^AT KURNOOL.

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4.THE DIVISIONAL PANCHAYATH OFFICER, ADONI, KURNOOL DISTRICT.

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5.THE MANDAL PARISHAD DEVELOPMENT OFFICER, MADDIKERA MANDAL AT MADDIKERA, KURNOOL DISTRICT. T.

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6.THE TAHSILDAR, MADDIKERA MANDAL AT MADDIKERA, KURNOOL DISTRICT.

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7.THE MADDIKERA GRAM PANCHAYATH, REP. BY ITS SECRETARY, MADDIKERA VILLAGE MANDAL, KURNOOL DISTRIC

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4.

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...RESPONDENT(S):

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Counsel for the Petitioner:

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1.TBHEEMANNA

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Counsel for the Respondent(S):

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1.GP FOR PANCHAYAT RAJ RURAL DEV

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2.GP FOR REVENUE

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The Court made the following ORAL ORDER:

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Heard Sri T. Bheemanna, Learned Counsel for the Writ Petitioner; Sri D.M. Vidya Sagar, learned Counsel appearing on behalf of Sri M. Sudheer, learned Standing Counsel for Gram Panchayat; Sri T. Sanjeeva Rao, learned Assistant Government Pleader for Revenue and Sri Panuku Rajesh Kumar, learned Assistant Government Pleader for Panchayat Raj and Rural Development.

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The present Writ Petition is filed by the Writ Petitioner for consideration of the Representation of the Writ Petitioner dated 01.02.2025 (Ex.P.1). It appears that there is a proposal for laying^a concrete road. Therefore, the Writ Petitioner apprehend that, if such road is laid, drain water may get collected infront of his house causing not only inconvenience but also damage to his old house. 3. Sri D.M. Vidya Sagar, learned Counsel appearing^{onbehalfofSriM.} Sudheer, learned Standing Counsel for Gram Panchayat appearing for Respondent No.7 has submitted the Written Instruction furnished by the Panchayat Secretary, Maddikera Gram Pachayat. Copy of^itis also served to the learned Counsel for the Writ Petitioner. The same is taken on record.

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The Written Instruction would indicate that the laying of concrete road has not yet started and that the survey o^ouses is in progress.

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r

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3

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Having regard to the facts and circumstances of^{thecase,thisCourt} deems it appropriate to dispose of this Writ Petition,^{attheadmissionstage,} without going into merits, directing the Official Respondents, particularly. Respondent Nos.3 & 7 to take into account the Representation dated 01.02.2025 (Ex.P.1) of the Writ Petitioner during the^preparation of the plan/sketch of the proposed cement road in order to^{ensurethatthereshall} not be any water clogging either due to flow of drain^{waterorduetoflowof} rain water in front of the house of the Writ Petitioner.

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e.With these observations and directions, this Writ Petition stands disposed of. No order as to costs.

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/.Interlocutory Applications, if any, stand closed^{intermsofthisorder.}

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To,

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//TRUE COPY//

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