APHC010375152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATl (Special Original Jurisdiction) WEDNESDAY, THE TWENTIETH DAY OF AUGUSX,^'^. TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITIONNO: 19309 OF 2025 \ ... / "•A f-y ■ Between: yrT Boddeti Atchayamma, W/o Venkata Ramana aged 76 years, Argiculture R/o 2-13/A, Subashchanndra bose street, Gavarapeta, Dagguluru, W.G.District, Boddeti Suryanarayana, S/o Venkata Ramana, aged 50 years, Occ; Agriculture. R/o 2-13/A, Subashchanndra bose street, Gavarapeta, Dagguluru, W.G.District. Occ: ...Petitioners AND 1. The State of Andhra Pradesh, rep by its Principal Secretary, Irrigation Water Resources Department, Secreatariat, Velagapudi, Amaravathi, Guntur District. 2. The Thasildhar, Palakollu Mandal, Palakollu, W.G.District. 3. The Executive Engineer, Marteru Irrigation Circle, Palakollu, W.G.Dist., 4. The Assistant Executive Engineer, Marteru Irrigation Circle Palakollu, W.G.District. 5. The Assistant Engineer, APEPDCL, Palokollu, W.G.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 Writ Order or Direction more particularly one in the Nature of Writ Of Mandamus Declaring Action of the respondents interfering with and trying to remove agricultural motor pump installed under the Jalasiri scheme on the petitioner's agricultural land situated in Sy.nos. 4-6 to an extent of Ac.0.70 cents, Sy.no.4-5A-2 to an extent of Ac.0.13 cents and in Sy.no. 4-58 to an extent of Ac. 0.63 cents of Daggulur Village, Palakollu Mandal, W.G. District, which is without any valid reason, without issuing any notice, without following due process of Law, as illegal, arbitrary, violation of Principles of 21 and 300-A of Natural Justice, apart from violation of Article 14, 19 Constitution Of India, consequentially direct the respondents not to remove and interfere with the petitioner's agricultural motor pump installed under the Jalasiri scheme. 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 direct the respondents not to remove and interfere with the petitioner's agricultural motor pump installed under the Jalasiri scheme on the petitioner's agricultural land situated in Sy.nos. 4-6 to an extent of Ac.0.70 cents, Sy.no.4-5A-2 to an extent of Ac.0.13 cents and in Sy.no. 4-58 to an extent of Ac. 0.63 cents of Daggulur Village, Palakollu Mandal, W.G.District, pending disposal of the above writ petition. Counsel for the Petitioners: SRI PALLA BALL! ANIL KUMAR Counsel for the Respondent Nos. 1,3 and 4: GP FOR IRRI AND CAD Counsel for the Respondent No. 2: GP FOR REVENUE Counsel for the Respondent No. 5; SRI V V SATISH SC FOR APBPDCL The Court made the following order: > APHC010375152025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] i 05? WEDNESDAY,THE TWENTIETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 19309/2025 Between: 1.BODDETI ATCHAYAMMA, W/0 VENKATA RAMANA AGED 76 OCC.ARGICULTURE R/0 2-13/A, SUBASHCHANNDRA YEARS, BOSE STREET, GAVARAPETA, DAGGULURU, W.G.DISTRICT. 2.BODDETI SURYANARAYANA, S/0 VENKATA RAMANA, AGED 50 OCC. AGRICULTURE. R/0 2-13/A, SUBASHCHANNDRA YEARS BOSE STREET, GAVARAPETA, DAGGULURU, W.G.DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, IRRIGATION WATER RESOURCES DEPARTMENT, SECREATARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2.THE THASILDHAR, PALAKOLLU MANDAL, PALAKOLLU, W.G.DISTRICT. 3.THE EXECUTIVE ENGINEER, MARTERU IRRIGATION CIRCLE, PALAKOLLU, W.G.DIST., 4.THE ASSISTANT EXECUTIVE ENGINEER, MARTERU IRRIGATION CIRCLE PALAKOLLU, W.G.DISTRICT. 5.THE ASSISTANT ENGINEER, APEPDCL W.G.DISTRICT. PALOKOLLU, ...RESPONDENT(S): n VS,J W.P No.19309 of 2025 2 A.o,e 226 Of t.e Cons«^n^^^ ^ circumstances stated in Qr^Direction more particularly one in the pleased topleased to issue rit Order respondents interfering Writ Of pump installed under the dalasir, egrlcultura, land — ,,„rs and in of Daggulur Village, Palakollu without issuing any violation of Petition Nature with and trying to remove rrrr™cri---»-. £1 I- -r“ T.S.«™ ”r.:' - ~ r-~' “• under the Jaiasiri scheme and to pass lA NO: -I OF 2025 ; circumstances stated High Court may be pleased with the under Section 151 CPC praying that in the suDDort of the petition, the not to remove and interfere under the Jaiasiri scheme on the extent of Ac.0.70 Petition in the affidavit filed in direct the respondents agricultural motor pump installed agricultural '-d situated Sy.no-^^- , Palakollu Mandal, W.G.District, pleased petitioner's petitioner's cents (3 of Daggulur Village Tending disposal of the above writ petition and to pass . 4-58 to an Counsel for the Petitioner(S)-. 4-58 to an Counsel for the Petitioner(S)-. .PALLA BALU ANIL KUMAR Counsel for the Respondent(S): 1.GP FOR IRR' and cad The Court made the following: 1 VSJ W.P No. 19309 of 2025 3 ORDER: The present Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- issue Writ, Order or Direction more particularly one in the Nature of Writ Of Mandamus Declaring Action of the respondents interfering with and trying to remove agricultural motor pump installed under the Jalasiri scheme on the petitioner’s agricultural land situated in Sy.Nos.4-6 to an extent of Ac.0-70 cents, Sy.No.4-5A-2 to an extent of Ac.0-13 cents in Sy.No.4-58 to an extent of Ac. 0-63 cents of Daggulur Village, Palakollu Mandal, W.G. District, which is without any valid reason, without issuing any notice, without following due process of Law, as illegal, arbitrary, violation of Principles of Natural Justice, apart from violation of Article 14, 19, 21 and 300-A of Constitution of India, consequentially direct the respondents not to remove and interfere with the petitioner’s agricultural motor pump installed under the Jalasiri scheme,....” The petitioner is the mother of 2""^ petitioner. They are the owners of agricultural land admeasuring Ac.0-85 cents, situated in Gavarapeta Village, Palakol Mandal, West Godavari District, having acquired it from their 2. ancestors. While the matter being so, in the year 2015, the 2'^*^ petitioner’s late father, approached the Tahsildar, Palakol Mandal, seeking permission to install a borewell and a 4-inch motor pump on their agricultural land for irrigation purposes, and after conducting a thorough field enquiry and local inspection, the Tahsildar granted permission vide order dated 30.01.2016, in compliance with the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (APWALTA Act). Basing on the said permission,.^e petitioners also 3. W.P No.19309 of 2025 • 4 obtained an electricity connection from the Electricity Department under the Jalasiri Scheme exclusively for irrigating the aforesaid land. The grievance of the petitioners in the present writ petition is that, while the matter being so, the officials of the Irrigation and Revenue Departments inspected the petitioner’s land on 16.07.2025 and have insisted the petitioners 4. to remove the said borewell without there being any notice or jurisdiction. As such, the petitioners were constrained to submit a representation to the concerned authoritieson 19.07.2025. In spite of the same, as the respondents are harassing the petitioners and pressurizing them to remove the said borewell, the petitioners have approached this Court by way of the present writ petition. Heard learned counsel for the petitioners, learned Assistant 5. Government Pleader for Irrigation for respondents No.1, 3 and 4, learned Assistant Government Pleader for Revenue for respondent No.2 and learned Standing Counsel for respondent No.5. Today, when the matter came up for hearing, learned Assistant 6. Government Pleader for Irrigation has furnished a copy of instructions of the 3^^ respondent, wherein it is stated as follows: “It is submitted that writ petitioners herein have obtained permission for digging of agriculture well/drinking water well in form-3 prescribed under WALTA Act, 2002 from Designated Officer, Water, Land and Tree Authority i.e., Tahsildar, Palakol in the year 2016 under the “Jalasiri” scheme and Tahsildar addressed letter to Assistant Engineer, Electrical department, Palakol to take necessary action to provide Electrical connection to the above said motor as per the directions of the^overnment. But the V W.P No. 19309 of 2025 5 pstitionsrs horGin by misusing thG dbovG ssid pGrmissions uniQwfutiy drawing water from irrigation surface sources instead of from bore well (ground water). The petitioners herein by suppressing the facts misleading the Hon’ble High Court stating that they have authorized permission for drawing water from the irrigation sources. The irrigation authorities interfered with the motor connection obtained under WALTA Act. Therefore, the connections levelled by the petitioners are not true.” As per the above instructions submitted by the 3^^ respondent, it can be understood that admittedly the petitioners were granted permission for digging the borewell under the Andhra Pradesh Water, Land and Trees Act, 2002 (APWALTA Act). However, the respondents contend that the petitioners misusing the said permission by unlawfully drawing water from irrigation surface sources instead of the borewell. It is also an admitted fact that, if the petitioners have violated any of the conditions under the APWALTA Act, 2002, the respondents are at liberty to initiate action in accordance with law. But, in the present case, admittedly no such notice has been given to the petitioners. never 7. are In view of the same, instead of keeping the writ petition pending, the Writ Petition is disposed of by directing the respondents not to interfere with the 8. petitioners’ borewell without following due process of law. There shall be no order as to costs. As a sequel, miscellaneous applications, pending, if any, shall also stand closed. BABU assistant registrar //TRUE COPY// SECTION OFFICER To, The Principal Secretary, Irrigation Water Resources Department,State of Andhra Pradesh, Secreatariat, Velagapudi, Amaravathi, Guntur District. The Thasildhar, Palakollu Mandal, Palakollu, W.G.District. 1. 2. p, 3. The Executive Engineer, Marteru Irrigation Circle, Palakollu, W.G.Dist., 4. The Assistant Executive Engineer, Marteru Irrigation Circle Palakollu, W.G. District. 5. The Assistant Engineer, APEPDCL, Palokollu, W.G.District. 6. One CC to Sri. Palla Balu Anil Kumar Advocate [OPUC] 7. OneCCto Sri. VV Satish SC for APEPDCL [OPUC] 8. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh [OUT] 9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT] ,10.Two CD Copies, V GSC HIGH COURT DATED:20/08/2025 ORDER WP NO. 19309 OF 2025 DISPOSING THE WP WITHOUT COSTS