Gontu Veera Reddy vs The State Of Andhra Pradesh
2023 Latest Caselaw 604 AP

           HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

                 WRIT PETITION No.1645 of 2023

ORDER:

The petitioners are residents of Annaparru Village,

Pedanandipadu Mandal, Guntur District.

2. A water stream known as Nakka Vagu is said to be flowing

besides the village. A proposal has now been made by the

Irrigation Department to construct a water canal known as

Guntur Channel. This water channel is to pass at a distance of

500 yards from the houses in the village. This water channel

would also be intersecting the Nakka Vagu.

3. The petitioners object to the construction of the excavation

of the Guntur Channel on the ground that the Nakka Vagu itself

is prone to over-flowing due to heavy rain and the intersection of

this vagu by the Guntur Chanel at a distance of 500 yards from

the houses of the village would cause immense problems and

flooding of the houses in the village. The petitioners sought to

put forth their objections by a representation dated 26.12.2022

given to the 2nd respondent and other respondents. Thereafter,

no further information was obtained by the petitioners.

4. Aggrieved by the inaction of the respondents in

considering their objections, the petitioners have now

approached this Court by way of the present Writ Petition.

5. The learned Government Pleader for Irrigation, submits

that the alignment of the Guntur Channel was done after

considering all the issues, including the danger of flooding of the

houses in Annaparru Village. She would further submit that the

required land, in accordance with the proposed alignment, has

also been acquired in 2021 itself.

6. While this Court would not seek to substitute the

judgment and discretion of the concerned officer of the State

with its own judgment, especially in technical matters, the fact

remains that the objections raised by the petitioners have not

been addressed by the respondents till today.

7. In such circumstances, it would only be appropriate that

this Writ Petition is allowed, directing the 3rd respondent to

consider the representation of the petitioners dated 26.12.2022,

which had been submitted to the 2nd respondent and pass

orders thereon, within a period of six (06) weeks from the date of

receipt of a copy of this order.

8. Needless to say, the petitioners shall attach the

representation dated 26.12.2022 with a copy of this order and

serve the same on the 3rd respondent.

9. Accordingly, the Writ Petition is allowed. There shall be no

order as to costs.

Miscellaneous petitions, pending if any, in these Writ

Petitions shall stand closed.

____________________________ R. RAGHUNANDAN RAO, J 03.02.2023 MJA

HON'BLE SRI JUSTICE R. RAGHUNANDAN RAO

WRIT PETITION No.1645 of 2023

03.02.2023

MJA