Manthena Srinivasa Raju v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36303 OF 2018 DATED :24.10.2018 Between :

Manthena Srinivasa Raju, S/o.Krishnam Raju, Aged about 50 yrs, R/o.Velivarru Village, Undi Mandal, West Godavari District.

..

Petitioner And The State of Andhra Pradesh, Rep., by its Principal Secretary, Department of Irrigation, Secretariat, Velagapudi, Amaravathi, Guntur District & others.

.. Respondents This court made the following :

- 2 - THE HON'BLE SRI JUSTICE P.NAVEEN RAO WRIT PETITION No.36303 OF 2018 ORDER :

Heard learned counsel for the petitioner, learned Government Pleader for Irrigation for respondents. 2.

Petitioner claims to be resident of Velivarru Village, Undi Mandal, West Godavari District. The simple grievance of the petitioner is that he made a representation on 22.06.2018 along with others to the District Collector, West Godavari District and the same is not acted upon.

3.

A perusal of the said representation would show that petitioner and others apprehend that some people are canvassing for construction of a bridge on the eastern side of Dubbalakodu drain and they are seriously projecting that a bridge will be constructed. According to petitioner, the proposal to construct a bridge is by private persons unauthorisedly and no such proposal is envisaged by the Irrigation department or revenue authorities and the same is illegal.

4.

Prima-facie, reading of the representation as well as the prayer in the writ petition itself would show that petitioner apprehends that some private persons are attempting to construct a bridge with cement tunnels which is likely to cause hindrance to free flow of water affecting his property. Thus, the grievance agitated by the petitioner is pre-mature. Petitioner may have grievance only if unauthorized persons undertake construction of bridge over a public place or public water canals and affect his property on account of such construction. As no

- 3 - such steps are taken so far, the cause in the writ petition itself is pre-mature.

5.

Thus, the Writ Petition is dismissed leaving it open to the petitioner to work out his remedies as and when the cause of action arises. Pending miscellaneous petitions shall stand closed.

__________________ P.NAVEEN RAO,J 24th October, 2018 Rds