IN THE HIGH COURT OF ANDHRA PRADESH :: AMARAVA (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 13532 OF 2024 Between: Sri RajavatsavaRayajagapathiraju, S/o-Venkata Narayana, aged- 74 R/o- D.No.9-25, Thotaveedhi, Prathipadu, Kakinada District. ...Petitioner AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District. 2. The District Collector, Kakinada District. 3. The Director, Ground Water and Water Audit Department, 5*^ floor, VysyaBhavan, Namboori Gopalrao street, Vijayawada. 4. The District Ground Water Officer, Ground Water and Water Audit Department, 2^^ floor, Jalabhavan, Kakinada. 5. The Revenue Divisional Officer, Peddapuram Division, Kakinada District. 6. The Tahsildar, Prathipadu Mandal, Kakinada District. 7. The Divisional Engineer, APEPDCL, Jaggampeta, Kakinada District. 8. The Assistant Divisional Engineer, APEPDCL, Prathipadu, Kakinada District. . 9. ChamarthiRamalakshmi W/o. Veerabhadrarao, aged: 50 , Address; Kanyakaparameswarikirana, Main Road, Prathipadu, Prathipadu Mandal, Kakinada District. ...Respondents A Petition under Article 226 of the Constitution of India praying that in . .■4he circumstances stated in the affidavit filed therewith, the-High Court may be pleased to hereby prayed that this Writ of Mandamus declaring the action of the respondents 2 to 6 in not closing the three borewells which were illegally dug by the respondent in Sy No. 16, 17/2 of Dharmavaram village, Prathipadu Mandal, Kakinada District which are in contravention of the provisions of APWALTA as illegal, arbitrary and violative of Article 14 and 21 of the Constitution of India and consequently direct i. the respondent nos. 2 to 6 to close one borewlls dug in Sy No. 16 and two borewells dug in Sy No. 17/2 of Dharmavaram village, Prathipadu Mandal, Kakinada District belonging to the 9*^ respondent ii. direct the respondents 7 and 8 to disconnect the power connection given to the borewell of the 9 respondent which was dug in Sy No. 16 of Dharmavaram village, Prathipadu Mandal, Kakinada District. th lA NO: 1 OF 2024 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 respondent nos. 2 to 8 not to permit the 9 respondent to operate the three borewells illegally dug in Sy No. 16 and 17/2 of Dharmavaram village, Prathipadu Mandal, Kakinada District; Counsel for the Petitioner: SRI P. VIVEK Counsel for the Respondents: GP FOR REVENUE : GP FOR IRRIGATION : SRI METTA CHANDRA SEKHAR, STANDING COUNSEL : M/s. NIMMAGADDA REVATHI, STANDING COUNSEL th The Court made the following: ct APHC010268342024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3505] TUESDAY, THE SIXTH DAY OF MAY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE T.C.D.SEKHAR WRIT PETITION NO: 13532/2024 Between: ...PETITIONER Sri Rajavatsava Rayajagapathiraju AND ...RESPONDENT{S) The State Of Ap and Others Counsel for the Petitioner: 1.P VIVEK Counsel for the Respondent(S): 1.GP FOR REVENUE 2.GP FOR IRRI AND CAD 3.METTA CHENDRA SEKHAR RAO 4. NIMMAGADDA REVATHl f 2 The Court made the following order: It is the case of the petitioner that he is the absolute owner and possessor of lands admeasuring an extent of Ac.3.70 cents in Sy.No.17/2 and extent of Ac.03.88 cents in Sy.No.16 of Dharmavaram Vilalge, Prathipadu Mandal, Kakinada District. 1. It is further case of the petitioner he dug two (02) bore wells in lands situated in Sy.No.17/2 and Sy.No.16 respectively and drawing water from the said bore wells for irrigating his lands. 2. th It is further case of the petitioner that the 9 respondent having the lands in Sy.Nos.4, 16 and 17/2 of Dharmavaram Village. It is further case of the petitioner that the 9**^ respondent dug bore wells in contravention GO.Ms.No.16 of Panchayat Raj and Rural Development (RD-II) dated 23.02.2021 and without obtaining permission from the concerned. He further claims that he made a representation dated 28.12.2023 to the respondents bringing it to their notice about the illegal bore wells dug by the O**" respondent. Despite the same there was no action, he approached this Court by filing the present writ petition. The 9*^ respondent filed counter affidavit stating that she obtained permissions for dig two (02) bore wells in Sy.No.16, which was accorded on 20.02.2023. It is her further case that her husband also obtained permission to dig bore well, which was accorded on 07.03.2023. It is further case of the 9‘^ respondent that since there was no sufficient ground water to irrigate her lands, she had dug new bore wells in the lands belonging to her. 3. 4. V 3 It is further case of the ■ 9® respondent there is no malafide intention on her part as there was no sufficient ground water avaiiable, she dug new bore wells. This Court by order dated 22.07.2024 directed the 9^^ respondent to stop operating the present bore wells marked in red colour in the map filed along with report dated 16.07.2024 submitted by respondent Nos.4 & 5 pursuant to order of this Court. 5. 6. During the course.of hearing, the learned counsel for 9*^ respondent specifically contended that the bore wells shown in red colour in the map were dug after obtaining necessary permission from the concerned. She would further submit that the bore wells shown in blue colour in the map filed alongwith the report, were dug without obtaining permission. The learned counsel for the 9*^ respondent would further submit that while passing interim order on 22.07.2024, inadvertently the 9 respondent was directed to close the bore wells shown in red colour in the map instead of blue colour. The counsel for the 9 respondent on instructions would further submit that, the bore wells dug without permission will be closed. The said submission made by the counsel for the 9*'^ respondent is placed on record. Further, the counsel for the petitioner accepted the said submission made by the counsel for 9'^^ respondent. th th In view of the same, with the consent of both the 7. th counsel the present writ petition is disposed of, directing the 9 respondent to close the bore wells dug without permission. 4 / It is needless to mention the official respondents are further directed to see that the bore wells dug by the 9 respondent without permission are closed forthwith. 8. th With the above observation, the present writ petition 9. is disposed of. There shall be no order as to costs. As a sequel pending applications, if any, shall stand closed. 10. Sd/- K.J. RAJA BABU ASSISTANT REGISTRAR ]? ^ /TRUE COPY// SECTION OFFICER To, 1. The Principal Secretary, Department of Revenue, Secretariat Buildings, Velagapudi, Amaravathi, Guntur District, State of Andhra Pradesh (BY SPECIAL MESSENGER) 2. The District Collector, Kakinada District. 3. The Director, Ground Water and Water Audit Department, 4 & 5 floor, VysyaBhavan, NambooriGopalrao street, Vijayawada. 4. The District Ground Water Officer, Ground Water and Water Audit Department, 2"^^ floor, Jalabhavan, Kakinada. 5. The Revenue Divisional Officer, Peddapuram Division, Kakinada District. 6. The Tahsildar, Prathipadu Mandal, Kakinada District. 7. The Divisional Engineer, APEPDCL, Jaggampeta, Kakinada District. 8. The Assistant Divisional Engineer, APEPDCL, Prathipadu, Kakinada District. 9. Chamarthi Ramalakshmi W/o. Veerabhadrarao, aged: 50 , Address: Kanyakaparameswarikirana, Main Road, Prathipadu, Prathipadu Mandal, Kakinada District(Addresses Nos.2 to 9 BY RAPD) 10 One CC to SRI. P VIVEK Advocate [OPUC] 11 .Two CCS to GP FOR REVENUE, High Court Of Andhra Pradesh. [OUT] ^ ^ 12.TWO CCs to GP FOR IRRIGATION, High Court Of Andhra Pradesh. [OUT] 13.0ne CC to SRI. METTA CHANDRA SEKHAR, STANDING COUNSEL [OPUC] 14.0ne CC to M/s. NIMMAGADDA REVATHI, STANDING COUNSEL [OPUC] 15.Three CD Copies i HIGH COURT “t. ' 1. •I DATED;06/05/2025 ORDER ANOffi^ 5 2 0 JUN 2025 ^ . Current Section . ^ WP.No.13532 of 2024 sa Co DISPOSING THE WRIT PETITION