Muthukur v. The Tahsildar, Muthukur

Judgment

1. Annabathina Mahesh, s/o. Agriculture, R/o. Duvvuri Vari Palem Village Vallur, SPSR Nellore District. Balaiah

2. Pallavaram , Suresh, Pallavaram Suresh, S/o. Ratmana.ah, Aged About Damayapalem Village, Narikella Palli , Aged About 41 Years, Occ Muthukur Mandal, Mollur, 35 Years, Occ Agriculture, R/o. Village Muthukur Mandal, SPSR Nellore District. S/o. Venkaiah,

3. Mannem Dasaiah R/o. Pachikala Mitta, Agriculture Mandal, SPSR Nellore District. Aged about 79 years Damayapalem Village Muthukur ...Petitioners AND State Of Andhra Pradesh, Rep. by its Principal Secretary

1. The Revenue Department, Secretariat, Velagapudi, Amaravati. District Collector, SPSR Nellore District.

2- The ^^ 3 The Revenue Divisional Officer, Nellore, SPSR Nellore District. 4. The Tahsildar, Muthukur Mandal, SPSR Nellore Disrict. ...Respondents Petition under Article 226 of the circumstances stated in the affidavit filed Constitution of India praying that in the therewith, the High Court may be order or direction more particularly one pleased to issue an appropriate writ, in the nature of writ of mandamus declaring the high-handed action of the nature of the water channel situated in Respondents in trying to alter the Sy.No.178 Dammayapalem Village, Muthukur Mandal, SPSR Nellore District as illegal, arbitrary, in violation of Art. 14, 21 and 300A of Constitution of India respondents desist from altering the physical and consequently direct the features of the water channel situated adjacent to the canal (Pulkala Kaluva) in Sy.No.178 Dammayapalem Village, Muthukur mandal, SPSR Nellore. lA NO: 1 OF 2025 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 not to alter the nature of the water channel situated adjacent to the canal (Pulkala Kaluva) in Sy.No.178 Dammayapalem Village, Muthukur mandal, SPSR Nellore pending disposal of the writ petition. Counsel for the Petitioners: SRI KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE The Court made the following order: APHC010328042025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3329] (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17045/2025 Between:

1.ANNABATH1NA MAHESH, S/0. BALAIAH, AGED ABOUT 41 YEARS, OCC AGRICULTURE, R/0. DUVVURI VARI PALEM VILLAGE, MUTHUKUR MANDAL, MOLLUR, VALLUR, SPSR NELLORE DISTRICT.

2.PALLAVARAM SURESH, PALLAVARAM SURESH, S/0. RAMANAIAH, R/0. AGED DAMAYAPALEM VILLAGE, NARIKELLA PALLI VILLAGE, MUTHUKUR MANDAL, SPSR NELLORE DISTRICT. AGRICULTURE, YEARS, ABOUT OCC 35

3.MANNEM DASAIAH,, S/0. VENKAIAH, AGED ABOUT 79 YEARS, OCC AGRICULTURE R/0. PACHIKALA MITTA, DAMAYAPALEM VILLAGE MUTHUKUR MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER(S) AND

1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT, DEPARTMENT, REVENUE SECRETARY. VELAGAPUDI, AMARAVATI.

2.THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT.

3.THE REVENUE DIVISIONAL OFFICER, NELLORE, SPSR NELLORE DISTRICT.

4.THE TAHSILDAR, MUTHUKUR MANDAL, SPSR NELLORE DISRICT. ...RESPONDENT{S): 2 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 topleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the high-handed action of the Respondents in trying to alter the nature of the water channel situated in Sy.No.178 Dammayapalem Village, Muthukur Mandal, SPSR Nellore District as illegal, arbitrary, in violation of Art. 14, 21 and 300A of Constitution of India and consequently direct the respondents desist from altering the physical features of the water channel situated adjacent to the (Pulkala Kaluva) in Sy.No.178 Dammayapalem Village, Muthukur mandal, SPSR Nellore and pass lA NO: 1 OF 2025 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 direct the Respondents not to alter the nature of the water channel situated adjacent to the canal (Pulkala Kaluva) in Sy.No.178 Dammayapalem Village, Muthukur mandal, SPSR Nellore pending disposal of the writ petition and pass Counsel for the Petitioner(S):

1.KRISTAM SAKTHI NIRANJAN GUPTHA Counsel for the Respondent(S):

1.GP FOR REVENUE The Court made the following: % s 3 THE HON’BLE SRI JUSTICE VENKATESWARLU NI MM AG AD DA WRIT PETITION NO: 17045 of 2025 ORDER: This writ petition is filed under Article 226 of the Constitution of India seeking the following relief; - “To issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus declaring the highhanded action of the Respondents in trying to alter the nature of the water channel situated in Sy. No. 178 Dammayapalem Village, Muthukur Mandal, SPSR Nellore District as illegal, arbitrary in violation of Articles 14, 21 and 300-A of Constitution of India and consequently direct the respondents resist from altering the physical features of the water channel situated adjacent to the canal Pulkala Kaluva In Sy. No. 178, Dammayapalem Village, Muthukur Mandal, SPSR Nellore and pass such other order. ”

2. Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue appearing for the respondents.

3. Learned counsel petitioners submits respondent authorities are trying to alter the nature of water channel which was situated Sy.No.178 of Dammayapalem village, Muthukur Mandal. The petitioners being neighbouring land holders and drawing water from the subject water channel, filed this writ petition challenging the action of the respondent authorities in changing the nature of the subject channel. 4

4. On the other hand, the learned Assistant Government Pleader for Revenue furnished written instructions 4*'^ respondent dated 02.07.2025, wherein it is stated as follows: An extent of Ac.2.78 in Sy.No.178 of Dammayapalem, H/o.Narikelapalli village is classified as Dotted(....) land and not canal poramboke (water course poramboke) as stated by the petitioners. The Revenue authorities not attempted to change the nature of the land in Sy.No.178 as it is dotted land as per RSR and recorded as Government land for the last 25 years adangals and the Sy.No.178 Is not a canal poramboke. The Revenue authorities not tried to close the existing Outa Kaluva passing in the Sy.No.178. A photo copy to know the status on ground placed before the Hon’ble Court for kind perusal.

5. Considering the submissions made by both the learned counsel and on perusal of the written instructions submitted by the 4^'' respondent, it is observed that the subject land in Sy.No.178 of Dammayapalem village, Muthukur Mandal was not classified water channel as contended by the learned counsel for the petitioners. The subject land was classified as dotted land and notified as government land. It is further observed that there is outa kaluva, which is ^passing through the land in Sy.No.178. Mere passing of Outa Kaluva, does not confer nature of land without 5 classify notify the nature of land in Sy.No.178 by the respondent. It is further asserted that the respondents are not taking steps for changing the nature of land in Sy.No.178 as alleged and do not close the Outa Kaluva, which is passing through of the clear and categorical statements made by Sy.No.178. In view the respondents, the grievances of the petitioners were already redressed and no other orders are necessary to be passed.

6. Accordingly, the Writ Petition is closed. There shall be no order as to costs. As a sequel miscellaneous applications, pending, if any, shall also stand closed. //TRUE COPY// Sd/-N» .suryanadhareddy DEPU SE qnwficer To

1. OneCCto Sri. Kristam 2. Two CCs to GP For Revenue Sakthi Niranjan Guptha Advocate [OPUC] High Court of Andhra Pradesh [OUT]

3. Two CD Copies. AL HIGH COURT DATED: 10/07/2025 ORDER WPNO. 17045 OF 2025 3 0 JUL 2025 •^V^srent SectiojjxV^ CLOSING THE W.P. WITHOUT COSTS