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2025 DAILYLAW 24272 (AP)

B. RAMAMURTHY NAIK v. THE STATE OF ANDHRA PRADESH

WP/17099/2025 · 2025-07-20

Subba Reddy Satti

body2025

Judgment text

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APHC010342532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) 'i MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17099 OF 2025 Between: B. Ramamurthy Naik, S/o.Gangaih Naik, Aged about 49 years, R/o.D. No. 4-2- 28, P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal, Chittoor District. ...Petitioner AND 1. The State o Andhra Pradesh, Rep. by its Principal Secretary, Revenue Guntur Department, Secretariat Buildings, Velagapudi, Amaravati District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer, Kuppam Division, Chittoor District. 4. The Tahsildar, Ramakuppam Mandal, Chittoor District. 5. MS Krishna Naik, M. Seva Naik, Aged about 48 years, Thanda, Pandyalamadugu Village, Ramakuppam Mandal District. 6. B Sudha Naik, B. Krishna Naik, Aged about 32 years, Thanda, Pandyalamadugu Village, Ramakuppam Mandal District. 7. M Muni Raju, M. Sakira Naik, Aged about 48 years, R/o P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal Chittoor District. R/o P M K Chittoor R/o P M K Chittoor 0 8. M Murali, M. Chandra Naik, Aged about 35 years, R/o P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal Chittoor 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 pleased to issue a Writ, Order, or Direction, more particularly in the nature of a Writ of Mandamus, by declaring the action of the respondents specifically the 4*'^ respondent, in permitting the unofficial respondents to dig a bore well in Survey Nos. 419/2C-2 and 419/1D1, admeasuring an extent of Ac. 1.50 cents and Ac. 0.25 cents respectively, situated at Pandyalamadugu Village, Ramakuppam Mandal, Chittoor District, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300- A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Water, Land and Trees Act, 2002. Consequently, it is prayed that this Honble Court be pleased to direct the 4*^ respondent to take necessary steps for seizure of the illegally dug of the bore well in the aforementioned survey numbers and land. more lA NO: 1 OF 2025 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 4*^ respondent to take immediate steps for seizure of the alleged bore well in Survey Nos. 419/2C-2 and 419/1D1, admeasuring an extent of Ac. 1.50 cents and Ac. 0.25 cents respectively, situated at Pandyalamadugu Village, Ramakuppam Mandal, Chittoor District. Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 to 8 : NONE APPEARED The Court made the following order: 'W, APHC010342532025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY, THE TWENTY FIRST DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 17099/2025 Between: I.B. RAMAMURTHY NAIK, S/0 GANGAIH NAIK, AGED ABOUT 49 YEARS R/0 D. NO. 4-2-28, P M K THANDA, PANDYALAMADUGU VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. ...PETITIONER AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL REVENUE DEPARTMENT. ' SECRETARIAT SECRETARY, BUILDINGS. VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 3.THE REVENUE DIVISIONAL OFFICER, KUPPAM DIVISION CHITTOOR DISTRICT. 4.THE TAHSILDAR, DISTRICT. RAMAKUPPAM MANDAL, CHITTOOR 5.MS KRISHNA NAIK, , M. SEVA,NAIK, AGED ABOUT 48 YEARS, R/0 P M K THANDA, PANDYALAMADUGU VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT. Page 2 of 4 6.B SUDHA NAIK, R/0 P M B. KRISHNA NAIK, AGED ABOUT 32 YEARS K THANDA, PANDYALAMADUGU RAMAKUPPAM MANDAL CHITTOOR DISTRICT VILLAGE 7.M MUNI RAJU, M. SAKIRA NAIK, AGED ABOUT P M K THANDA, PANDYALAMADUGU VILLAGE MANDAL CHITTOOR DISTRICT. 48 YEARS, R/0 RAMAKUPPAM 8.M MURALI, M. CHANDRA NAIK, AGED ABOUT 35 P M K THANDA, PANDYALAMADUGU VILLAGE MANDAL CHITTOOR DISTRICT YEARS, R/0 RAMAKUPPAM ...RESPONDENT(S): Petition under Articie 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 particuiariy in the nature of a Writ of Mandamus, by declaring respondents, more specificaiiy the 4th respondent, in permitting the unofficiai respondents to dig a bore weii in Survey Nos. 419/2C-2 and 419/1D1, admeasuring an extent of Ac, 1.50 cents and Ac. 0.25 cents respectiveiy, situated at Pandyaiamadugu Village, Ramakuppam Mandal Chittoor District, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution India, and contrary to the express provisions of the Andhra Pradesh Water, Land and Trees Act, 2002. Consequently, it is prayed that this Honble Court be pleased to direct the 4th respondent to take necessary steps for seizure of the illegally dug of the bore well in the aforementioned survey numbers and land and the action of the of pass lA NO: 1 OF 2Q2fi 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 4th respondent to take immediate steps for seizure of the alleged bore well in Survey Nos.419/2C-2 and 419/1D1, admeasuring an extent of Ac. 1.50 cents and Ac.0.25 cents respectively situated at Pandyaiamadugu Village, Ramakuppam Mandal Chittoor District Counsel for the Petitioner: 1.KSRINIVAS Counsel for the Respondent(S): 1.GP FOR REVENUE The Court made the following: ORDER Heard Ms.Anjani Priya, learned counsel representing Sri K.Srinivas, learned counsel for the petitioners and Sri G.Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4. 2. Notice in respect of respondents 5 to 8 is dispensed with, since no adverse order, affecting their rights and interests, is passed. The grievance of the petitioner is that 4'^ respondent is not proper and necessary steps with regard to unauthorized digging of bore well by the unofficial respondents near the bore well of the petitioner situated in S.NOS.419/2C-2 and 419/1D1 of an extent of Ac.1.50 cents and Ac.0.25 cents situated at Pandyalamadugu village, Ramakuppam Mandal, Chittoor District, without getting permission from the 4^^ respondent under the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002. 3. 4. Learned counsel for the petitioner would submit that the petitioner is the owner and possession of agricultural land of an extent of Ac.1.50 cents in S.Nos.419/2C-2 and an extent of Ac.0.25 cents in S.No.419/1D1 and the unofficial respondents without obtaining permission from the 4 respondent dug bore well near the petitioner’s land. She would submit th that though the petitioner informed the 4**^ digging the bore well, he did not initiate respondent about unauthorized any action. 5. Learned Assistant Government Pleader for Revenue, t, would submit that the as the Andhra Pradesh Water, Land and Trees Act, 2002 regarding unauthorized digging of bore on instructions of the Tahsildar, Ramakuppam Tahsildar will follow due procedure well. 6. The instructions of the Tahsildar, Ramakuppam are made part of the record. 7. Given the facts and circumstances of the disposed of with the consent of learned case, the Writ Petition is counsel on either side at the consider the grievance of bore well by the admission stage, directing the 4**" respondent to the petitioner with regard to digging of unauthorized unofficial respondents near the petitioner’s permission, strictly adhering to the procedure mandated Andhra Pradesh Water, Land and Trees Act, 2002, within a period of four months from the date of receipt of a copy of this order. No order as to costs. land, without obtaining under the As a sequel, pending miscellaneous petitions, if any, shall stand closed. Sd/- K TATA RAO DEPUTY REGISTRAR //TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Revenue Department, State of - Andhra Pradesh, Secretariat Buildings, Velagapudi, Amaravati Guntur District. 2. The District Collector, Chittoor, Chittoor District. 3. The Revenue Divisional Officer. Kuppam Division, Chittoor District. 4. The Tahsildar, Ramakuppam Mandal, Chittoor District. 5. One CC to Sri K Srinivas, Advocate [OPUC] 6. Two CCs to GP for Revenue, 7. Two CD Copies High Court of Andhra Pradesh [OUT] Cnr HIGH COURT DATED:21/07/2025 ORDER WP NO. 17099 OF 2025 g( 0 1 AUG 2025 \'^^<urrent Sectioux^^ DISPOSING OF THE W.P. WITHOUT COSTS