IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA (SPECIAL ORIGINAL JURISDICTION) MONDAY, THE FIRST DAY OF NOVEMBER TWO THOUSAND AND TWENTY ONE :PRESENT:

THE HONOURABLE SRI JUSTICE M.SATYANARAYANA MURTHY

WRIT PETITION NO: 24641 OF 2021

Between:

• 1. B.Pavan Kumar, S/o.Sri B.Venkateswara Rao Hindu, aged 29 years, Occ-Cultivation R/o.Door No.1/223, Main Road Kalekhan Peta,<br>Machilipatnam Krishna District, Andhra Pradesh - 521 001
• 2. Smt.B. Suhasini, W/o.Sri B.Venkateswara Rao Hindu, aged 45 years, Occ-Cultivation, R/o.Door No.1/223, Main Road Kalekhan Peta, Machilipatnam Krishna District, Andhra Pradesh - 521 001
• 3. S.Sri Latha, W/o.Sri S.Venkata Naga Prasad Hindu, aged 38 years Occ-Cultivation, R/o.Door No.12-263 Rustumbada, Ramalayam Street Machilipatnam, Krishna District - 521 001 Andhra Pradesh
• B.Ramesh, S/o.Sri B.Nageswara Rao Hindu, aged 30 years,<br>Occ-Cultivation R/o.Door No.1/223, Main Road Kalekhan Peta, Machilipatnam<br>Krishna District, Andhra Pradesh 521 001 B.Venkateswara Rao, S/o
• Occ-Cultivation Occ-Business, R/o.Door No.1/223, Main Road, Kalekhan Peta, Machilipatnam Krishna District, Andhra Pradesh - 521 001

Petitioners

AND

• 1. The State of Andhra Pradesh, Rep.by its Principal Secretary Revenue<br>Department A.P. Secretariat, Velagapudi Amaravathi, Guntur District, AP
• The District Collector, Krishna District, Machilipatnam, AP
• 到The National Highway Authority of India, Rep.by its Regional Director Vijayawada, Krishna District, AP
• 4. The Project Manager, National Highway Authority of India National Highway Project Implementing Unit Machilipatnam, Krishna District, AP
• The Tahsildar, Machilipatnam Rural Krishna District, Andhra Pradesh

Respondents

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 a writ of mandamus declaring the action of the Respondent Nos. 2 to 5 in closing the "Murugu Bodhe" being passed through petitioners' agricultural fields in R.S.No.42/ 1A and 42/ 1B of Kalekhanpet, Machilipatnam Rural, Krishna District while forming National highway 216 at 90-175 point instead of constructing culvert/ insert pipes for discharging used/waste water from their respective agricultural fields and fields of other ayacutdars into drainage canal through the said bodhe, which is being done for the times immemorial and depriving them from discharging the waste water from their fields as highly illegal, arbitrary, opposed to public policy and violative of Art.19 and 300A of the Constitution of India and consequently direct the respondents not to close the said bodhe with a direction either to construct required culvert or insert required pipes for free flow of water through the said bodhe to the nearby drainage canal.

IA NO: 1 OF 2021

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the respondents not to deprive the petitioners from discharging the used/waste water from their agricultural field by closing the "Murugu Bodhe" passing through their agricultural fields in R.S.No.42/ 1A and 42/ 1B of Kalekhanpet, Machilipatnam Rural, Krishna District, Andhra Pradesh under the guise of formation of National Highway -216/90-175 point without making alternative arrangements, pending disposal of WP 24641 of 2021, on the file of the High Court.

The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri K. Chidambaram Advocate for the Petitioner, GP for Revenue for the Respondent Nos.1,2 & 5 and of Sri S.S, Varma, Standing Counsel for NHAI for the Respondent Nos.3 & 4, the Court made the following.

ORDER:

At the request of Sri S.S. Varma, learned Standing Counsel for NHAI. Post on 08.11.2021 for get instructions under the same caption.

Meanwhile, both parties shall maintain status quo as on date.

//TRUE COPY//

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Sd/-T.Madhavi ASSISTANT REGISTRAR SECTION OFFICER

Que

To

• 1. The Principal Secretary Revenue Department, State of Andhra Pradesh, A.P. Secretariat, Velagapudi Amaravathi, Guntur District, AP
• The District Collector, Krishna District, Machilipatnam, AP The National Highway Authority of India, Rep.by its Regional Director<br>Vijayawada, Krishna District, AP
• 4. The Project Manager, National Highway Authority of India National Highway<br>Project Implementing Unit Machilipatnam, Krishna District, AP
• The Tahsildar, Machilipatnam Rural Krishna District, Andhra Pradesh<br>(1 to 5 by RPAD)
• 6. One CC to Sri K Chidambaram, Advocate [OPUC]
• 7. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT]
• 8. One spare copy

TVR

HIGH COURT

MSMJ

DATED:01/11/2021

ORDER

WP.No.24641 of 2021

POST ON 08.11.2021

STATUS QUO