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Andhra Pradesh High Court - Amravati

Konidena Venkateswara Reddy vs The State Of Ap on 16 February, 2026

APHC010343412024
                   IN THE HIGH COURT OF ANDHRA PRADESH
                                 AT AMARAVATI               [3332]
                          (Special Original Jurisdiction)

            MONDAY, THE SIXTEENTH DAY OF FEBRUARY
                TWO THOUSAND AND TWENTY SIX

                              PRESENT

       THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI

                     WRIT PETITION NO: 17413/2024

Between:

   1. KONIDENA VENKATESWARA REDDY, S/O. NAGIREDDY,
      AGED 55 YEARS, OCC CULTIVATION, R/O. KALAVAKURU
      VILLAGE, ADDANKI MANDAL,      BAPATLA DISTRICT.
      (ERSTWHILE PRAKASAM DISTRICT)

   2. KUNCHALA LAKSHMINARAYANA,, S/O. NARAYANA, AGED 60
      YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
      ADDANKI MANDAL,    BAPATLA DISTRICT. (ERSTWHILE
      PRAKASAM DISTRICT)

   3. POLAKAMMA SADHANANDA REDDY,, S/O. HANUMA REDY,
      AGED 48 YEARS, OCC CULTIVATION, R/O. KALAVAKURU
      VILLAGE, ADDANKI MANDAL,      BAPATLA DISTRICT.
      (ERSTWHILE PRAKASAM DISTRICT)

   4. ALUGUNDLA ANJAMMA,, W/O. ANJI REDDY,    AGED 36
      YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
      ADDANKI MANDAL,    BAPATLA DISTRICT. (ERSTWHILE
      PRAKASAM DISTRICT)

   5. POTHIREDDY KOTI REDDY,, S/O. VENKA REDDY, AGED 45
      YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
      ADDANKI MANDAL,    BAPATLA DISTRICT. (ERSTWHILE
      PRAKASAM DISTRICT)

   6. POLAKAMMA VENKATARATHNAM,, W/O. ANJI REDDY, AGED
      60 YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
                          2



  ADDANKI MANDAL,      BAPATLA DISTRICT. (ERSTWHILE
  PRAKASAM DISTRICT)

7. DACHEPALLI ANJANEYULU,, S/O. KOTILINGACHARI, AGED
   ABOUT 55 YEARS, OCC CULTIVATION, R/O. KALAVAKURU
   VILLAGE, ADDANKI MANDAL,        BAPATLA DISTRICT.
   (ERSTWHILE PRAKASAM DISTRICT)

8. KEERTHI RAMBABU,, S/O. VENKATESWARLU, AGED 43
   YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
   ADDANKI MANDAL,    BAPATLA DISTRICT. (ERSTWHILE
   PRAKASAM DISTRICT)

9. BIKKA ANJI REDDY,, S/O. NAGI REDDY, AGED 67 YEARS,
   OCC CULTIVATION, R/O. KALAVAKURU VILLAGE, ADDANKI
   MANDAL,    BAPATLA DISTRICT. (ERSTWHILE PRAKASAM
   DISTRICT)

10. PALLE VENKATA REDDY,, S/O. KOTI REDDY, AGED 61
    YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
    ADDANKI MANDAL,    BAPATLA DISTRICT. (ERSTWHILE
    PRAKASAM DISTRICT)

11. GUDA SIVA REDDY,, S/O. PRAKASH REDDY, AGED 45
    YEARS, OCC CULTIVATION, R/O. KALAVAKURU VILLAGE,
    ADDANKI MANDAL,    BAPATLA DISTRICT. (ERSTWHILE
    PRAKASAM DISTRICT)

                                       ...PETITIONER(S)

                        AND

1. THE STATE OF AP, REP. BY ITS PRINCIPAL SECRETARY TO
   GOVERNMENT, IRRIGATION AND           COMMAND AREA
   DEVELOPMENT DEPARTMENT.           PRESENTLY WATER
   RESOURCES DEPARTMENT, SECRETARIAT, VELAGAPUDI,
   AMARAVATI, GUNTUR DISTRICT.

2. THE EXECUTIVE ENGINEER, IRRIGATION DIVISON ONGOLE,
   PRAKASAM DISTRICT.

3. THE DEPUTY EXECUTIVE ENGINEER, IRRIGATION SUB-
                                      3



     DIVISION, PODILI, PRAKASAM DISTRICT.

   4. THE     ASSISTANT   EXECUTIVE    ENGINEER,   WATER
      RESOURCES DEPARTMENT,       IRRIGATION SUB-DIVISION,
      PODILI, PRAKASAM DISTRICT.

   5. THE PROJECT DIRECTOR, NATIONAL HIGHWAYS AUTHORITY
      OF INDIA, PIU, ONGOLE, PRAKASAM DISTRICT.

                                                      ...RESPONDENT(S):

      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 inaction on the part
of respondents on petitioners representation dt. 31.07.2024 submitted
particularly the respondents 3 to 5 to prevent excavation of Gravel from
the Kalvakur Tank in Kalvakur Village, Addanki Mandal, Bapatia District
and also proceeding No. EE/DB/D4/EP/458M, dt. 29.05.2024 issued by
2nd respondent for digging earth in tank for the development of Six Lane
Access Controlled Green Field Highway, as illegal, irregular, unjust,
unconstitutional, violative of principles of natural justice, contrary to the
provisions of the Andhra Pradesh Farmers Management of Irrigation
Systems Act, 1997 and offends Articles 14, 21 and 300-A of Constitution
of India and consequently direct the respondents not to allow excavation
of earth from the said tank and pass

IA NO: 1 OF 2024

      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     operation     of   proceedings
                                                            nd
No.EE/DB/D4/EP/458M, dt. 29.05,2024 issued by the 2 respondent and
consequently direct the respondents not to allow excavation of earth in
Kalavakur Tank situated in Kalvakur Village, Addanki Mandal, Bapatla
District, (Formerly Prakasam District), pending disposal of the main Writ
Petition and pass

Counsel for the Petitioner(S):

   1. KISHORE KUMAR KATARI
                                      4



Counsel for the Respondent(S):

   1. GP FOR IRRI AND CAD

The Court made the following:

ORDER:

Ms.P.Haritha, learned counsel representing Sri Kishore Kumar Katari, learned counsel for the petitioners submitted that the cause in the writ petition does not survive and has become infructuous and no further orders are required to be passed in this writ petition, accordingly, sought liberty to the petitioners to approach appropriate forum in necessity arise.

Recording the said submission, the Writ Petition is dismissed as infructuous. However, the petitioners are at liberty to approach appropriate forum as and when necessity arise. There shall be no order as to costs.

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

_____________________________ JUSTICE RAVI CHEEMALAPATI Date: 16th February, 2026 RKS