4 ',44 4 y APHC010268422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13939 OF 2025 Between: L. Nadipi Konarangayya, S/o. Balanna. Aged 72 years, occ; Agriculture R/o Door No.1-65, Yerragunta Palli Village, District Andhra Pradesh State-515411. Tadipatri-Mandal, Anantapuram ...PETITIONER AND 1. TheStateofAndhraPradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh State. 2. The District Collector District at Ananthapuramu. 3. The Revenue Division Officer cum Divisional Level Authority, Tadiparthi Division, Ananthapuram District. 4. The Tahsildar Ananthapuramu District. 5. L. Srirangayya, S/o. Balanna, Aged about 75 years, H.No.1/155E, Yerraguntapalli Village, Tadipatri Mandal, Ananthapuramu District. ...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 District level Authority, Ananthapuramu cum cum Mandal level Authority, Tadipatri Mandal pleased to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the in action of the respondent in not appropriate steps in pursuant to the representations of the petitioner 09.04.2025 and 21.04.2025 seeking seizure of the bore well dated unauthorizedly dug by the 5“^ respondent in S.No.1265-A, without obtaining the permission from the competent authority near to the existing petitioner's bore well in S.No.1265-A Peddapolamanda Village, Ananthapuram District is illegal, arbitrary and contrary to the WALTA ACT and consequently direct the 4“" respondent to restrain the 5th from using the borewell Situated in Tadhipatri Mandal respondent S.No.No.1265-A Situated at Peddapolamada Village, Tadhipatri-Mandal of Ananthapuram District. 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 4*^ respondent to take action appropriate action forthwith in pursuance of the representations dated 09.04.2025 and 21.04.2025 of writ petitioner by restraining the 5th respondent from using bore well situated in S.N0.N0.1265-A, Situated at Peddapolamada Village, Tadipatri-Mandal of Ananthapuram District, pending disposal of the above writ petition. Counsel for the Petitioner: M/s. G.HEMA SUNDAR Counsel for the Respondent Nos.1 to 4: GP FOR REVENUE Counsel for the Respondent No.5:-- The Court made the following order: the '1 APHC010268422025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13939/2025 Between: 1.L NADIPI KONARANGAYYA, S/0 BALANNA, AGED 72 YEARS, OCC.AGRICULTURE R/0 DOOR NO. 1-65, YERRAGUNTA PALLI VILLAGE TADIPATRI-MANDAL, ANANTAPURAM DISTRICT ANDHRA PRADESH STATE-515411. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY, RVENUE DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI,GUNTUR DISTRICT, ANDHRA PRADESH STATE. 2.THE DISTRICT COLLECTOR CUM DISTRICT LEVEL AUTHORITY, ANANTHAPURAMU DISTRICT AT ANANTHAPURAMU. 3.THE REVENUE DIVISION OFFICERCUM DIVISIONAL LEVEL AUTHORITY, TADIPARTHI DIVISION, ANANTHAPURAM DISTRICT. 4.THE TAHSILDARCUM MANDAL LEVEL AUTHORITY, TADIPATRI MANDAL, ANANTHAPURAMU DISTRICT. 5.L SRIRANGAYYA, S/0 BALANNA, H.N0.1/155E, YERRAGUNTAPALLI VILLAGE,TADIPATRI MANDAL ANANTHAPURAMUDISTRICT. AGED ABOUT 75 YEARS ...RESPONDENT(S): T 2 Petition under Article 226 of the Constitution of India praying that in the circumstancesstated in the affidavit filed therewith, the High Court may be pleased topleased to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the in action of the 4th respondent in not taking appropriate steps in pursuant to the representations of the petitioner dated 09.04.2025 and 21.04.2025 seeking seizure of the bore well unauthorizedly dug by the 5th respondent in S.No.1265-A, without obtaining the permission from the competent authority near to the existing petitioner's bore well in S.No. 1265-A Peddapolamanda Village, Tadhipatri Mandal, Ananthapuram District is illegal, arbitrary and contrary to the WALTA ACT, and consequently direct the 4th respondent to restrain the 5th respondent from using the borewell Situated in Peddapolamada Village,Tadhipatri-Mandal S.No.No. 1265-A Situated at of Ananthapuram District, 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 4th respondent to take action appropriate action forthwith in pursuance of the representations dated 09.04.2025 and 21.04.2025 of the writ petitioner by restraining the 5th respondent from using bore well situated in S.No.No.1265-A, Situated at Peddapolamada Village, Tadipatri-Mandal of Ananthapuram District, pending disposal of the above writ petition and pass Counsel for the Petitioner; 1. Hema Sundar Gotru Counsel for the Respondent{S); 1.GP FOR REVENUE The Court made the following: K 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 13939/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “ pleased to issue a Writ order or direction, more particularly one in the nature of Writ of Mandamus, declaring the in action of the 4th respondent in not taking appropriate steps in pursuant to the representations of the petitioner dated 09.04.2025 and 21.04.2025 seeking seizure of the bore well unauthorizedly dug by the 5 respondent in S.No.1265-A without obtaining the permission from the th competent authority near to the existing petitioner’s bore well in S.N0.1265-A Peddapolamanda Village, Tadhipatri Mandal, Ananthapuram District is illegal, arbitrary and contrary to the WALTA ACT, and consequently direct the 4^^ respondent to restrain the 5^^ respondent from using the borewell Situated in S.No.1265-A situated at Peddapolamada Village, Tadhipatri Mandal of Ananthapuram District and pass ” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader appearing for the respondents. Learned counsel for the petitioner submits that the petitioner is the absolute owner and possessor of agricultural land admeasuring Ac.2.26 cents in Sy.No.1265-A and Ac.1.96 cents in Sy.No.1243-C1, situated at Peddapolamanda Village, Tadipatri Mandal, Anantapur District. The petitioner has been eking out his livelihood through agricultural operations carried out on the said land. It is further submitted that, in order to meet the irrigation needs 3. for cultivation, the petitioner had dug a bore well in the subject land approximately 40 years ago, after obtaining the requisite permission from the competent authorities. 4. While the matter stood thus, the 5^^ respondent, without obtaining requisite permission from the competent authorities, has unauthorisedly dug a bore well at a distance of approximately 60 meters from the existing bore well in Sy.No.1265-A. As a consequence, the water level in the petitioner’s bore well has significantly depleted, rendering the petitioner unable to carry out agricultural operations and cultivate his crops. Aggrieved by the same, the petitioner submitted representations dated 09.04.2025 21.04.2025, to respondents 2 & 4, requesting necessary action. However, till date, the said representations have not been considered, and no action has been initiated against the 5'^ respondent. Hence, the present Writ Petition. any petitioner’s and 5. Learned Assistant Government Pleader for Revenue submits that the respondents will consider the said representations and would appropriate orders. pass 6. In view of the submission of the learned Assistant Government Pleader for Revenue, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in ‘‘The Government of 5 India v. P.Venkatesh^”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. But, they do not serve to the cause of justice. As the learned counsel for the petitioner himself requested to issue a direction to dispose of the representations dated 09.04.2025 and 21.04.2025, this Court find no other alternative except to issue such direction. Having regard to the submissions of the learned counsel for the 7. petitioner, the learned Assistant Government Pleader for the Revenue and on perusal of the material available on record, this Court is of the considered view that the present Writ Petition can be disposed of directing the respondents to consider the petitioner’s representations dated 09.04.2025 and 21.04.2025 and pass appropriate orders within a period of two (02) weeks after providing an opportunity of personal hearing to the petitioner and other stake holders, if any, in accordance with law. In the result, the Writ Petition is disposed of. There shall be no order as 8. to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ^ 2019 (8) SCALE 544 Sd/- IVl SRI^4lVAS ASSfSTANT REGISTRAR S(=c ( ION OFFICER //TRUE COPY// To, Revenue Department, State of Andhra 1. The Principal Secretary, Pradesh, Secretariat Buildings, Velagapudi, Guntur District, Andhra Pradesh State. i' 2. The District Collector cum District level Authority, Ananthapuramu District at Ananthapuramu. The Revenue Division officer cum Divisional Level Authority, Tadiparthi Division, Ananthapuram District. The Tahsildar cum Mandal level Authority, Tadipatri Mandal, Ananthapuramu District. One CC to M/s. G. Hema Sundar, Advocate [OPUC] Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] Two CD Copies. 3. 4. 5. 6. 7. ssb ¥ HIGH COURT DATED:16/06/2025 ORDER WP No.13939 OF 2025 ^ 1'iJUL 2025 mntSecti Co ★ ■Si. DISPOSING OF THE W.P. WITHOUT COSTS