Extracted from the PDF above. The PDF is authoritative.
APHC010382392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) SMB O iO 39 FRIDAY, THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE iL* 'S PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19819 OF 2025 Between: Chenchu Rama Chandrudu, S/o. Late Chenchu Pedda Sunkanna, Age 70 Years, Occ; Cultivation, R/o. 1-50, Puppala, District. Yadiki Mandal, Anantapur ...Petitioner AND
1. The State of Andhra Pradesh, Rep by Principal Secretary, Department of Panchayath Raj and Rural Development, Secretariat, Velagapudi, Guntur District. 2. The District Collector, The District Level Authority (WALTA Act), Collectorate, Anantapur District. 3. The Revenue Divisional Authority, The Divisional Level Authority (WALTA Act) Anantapur, Anantapur District. 4. The Tahsildhar, The Mandal Level Authority (WALTA Act) Yadiki Mandal, Anantapur District. 5. The Station House Officer, Yadiki Police Station, Anantapur 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 one in nature of Writ of Mandamus declaring the Officials of Respondents 4 and 5 in not
4^ permitting Petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring an extent of Ac 9-353 Cents situated at Puppala Village, Yadiki Mandal, Anantapur District as illegal, arbitrary, voilative of Provisions of Andhra Pradesh Water, Land and Trees Act, consequently direct the Respondents 2 to 5 to permit the Petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring an extent of Ac 9-353 Cents situated at Puppala Village, Yadiki Mandal, Anantapur District. 2002 and 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 during pendency of Writ Petition the Hon’ble Court may be pleased to direct the Officials of Respondents 4 and 5 to permit the Petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring cents situated at Puppala Village, Yadiki Mandal, an extent of Ac 9-353 Anantapur District.
Counsel for the Petitioner: SRI N. CHANDRA SEKHAR REDDY Counsel for the Respondent No.1 : GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT Counsel for the Respondent Nos.2 to 4 : GP FOR REVENUE Counsel for the Respondent No.5 : GP FOR HOME The Court made the following APHC010382392025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) HfflS [3329] FRIDAY,THE FIRST DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19819/2025 Between: 1.CHENCHU RAMA CHANDRUDU, S/0 LATE CHENCHU PEDDA SUNKANNA, AGE 70 YEARS, OCC CULTIVATION R/O 1-50, PUPPALA, YADIKI MANDAL, ANANTAPUR DISTRICT ...PETITIONER AND 1.THE STATE OF AP REP BY PRINCIPAL SECRETARY, DEPARTMENT OF PANCHAYATH RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT, 2.THE DISTRICT COLLECTOR, THE DISTRICT LEVEL AUTHORITY (WALTAACT), COLLECTORATE, ANANTAPUR DISTRICT 3.THE REVENUE DIVISIONAL AUTHORITY, THE DIVISIONAL LEVEL AUTHORITY (WALTAACT) ANANTAPUR, ANANTAPUR DISTRICT 4.THE TAHSILDHAR, THE MANDAL LEVEL AUTHORITY (WALTA ACT) YADIKI MANDAL, ANANTAPUR DISTRICT 5.THE STATION HOUSE OFFICER, YADIKI POLICE STATION, ANANTAPUR DISTRICT ...RESPONDENT(S): 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 topleased to issue a Writ, order or direction more particularly one in nature of Writ of Mandamus declaring the Officials of Respondents 4 and 5 in 2 (j. not permitting Petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring an extent of Ac 9-353 Cents situated at Puppala Village, Yadiki Mandal, Anantapur District as illegal, arbitrary, voilative of Provisions of Andhra Pradesh Water, Land and Trees Act, 2002 and consequently direct the Respondents 2 to 5 to permit the Petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring an extent of Ac 9-353 Cents situated at Puppala Village, Yadiki Mandal, Anantapur District and to 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 during pendency of Writ Petition the Hon’ble Court may be pleased to direct the Officials of Respondents 4 and 5 to permit the Petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A,
257-B, 259-B, 259-C, approximately admeasuring an extent of Ac 9-353 cents situated at Puppala Village, Yadiki Mandal, Anantapur District and to pass Counsel for the Petitioner: 1. N CHANDRA SEKHAR REDDY Counsel for the Respondent{S):
1.GP FOR PANCHAYAT RAJ RURAL DEV 2.GP FOR HOME 3.GP FOR REVENUE The Court made the following:
3 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 19819/2025
ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:-
“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the officials of respondent Nos. 4 and 5 in not permitting petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A-2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring an extent of Ac. 9.353 Cents situated at Anantapur District as illegal, arbitrary. Provisions of Andhra Pradesh Water, Land and Trees Act, 2002 and consequently direct the Respondent Nos. 2 to 5 to permit the petitioner to use his Registered Bore Well for cultivating his Agriculture Lands in Survey Numbers 250-A- 2, 257-A, 257-B, 259-B, 259-C, approximately admeasuring an extent of Ac.9.353 Cents situated at Puppala Village, Yadiki Mandal, Anantapur District and pass such other
order.” Puppala Village, Yadiki Mandal, violative of
2. Heard the learned counsel for the petitioner and the learned Government Pleader for the respondents.
3.
Learned counsel for the petitioner submits that the petitioner has been cultivating the lands in survey Nos.250-A-2, 257- A, 257-B, 259-B, 259-C admeasuring to an extent of Ac.9.353 cents situated at Puppala Village, Yadiki Mandal, Anantapur District by drawing water from the registered bore well situated at survey NO.250-A-2. While so, respondent Nos.4 and 5 not permitting the
4 o petitioner to draw the water from the registered bore well situated in his lands for his agricultural operations. Hence, the Writ Petition.
4. On the other hand, learned Government Pleader for respondent No.4 furnished written instructions dated 28.07.2025 wherein it is stated that there are disputes and complaints between the petitioner and one Vakita Adinarayana in respect of the subject bore well. Those complaints were settled under the pre-litigation case (PLC) before the National Lok Adalat as under:
"Since there is no dispute as to the repair of the bore well, no further adjudication is necessary. Both parties/counselpresent before Lok Adalat Bench and agreed to close this writ petition. In view of changed circumstancesin the matter.” Therefore, it is informed that the petitioner, Sri Chenchu Ramachandrudu, is permitted to reopen and use the borewell located in his survey number, and no further action is required In this matter. Accordingly, the Mandal Revene Inspector, YadikI, and the Village Revenue Officer, Puppala, have submitted a report recommending that this matter be communicated to the petitioner through this endorsement. ”
5. Pursuant to the mutual settlement between the parties. respondent No.4 also issued an endorsement dated 09.08.2024 admitting the right of the petitioner herein to draw the water from the registered bore well situated at survey No.250-A-2. The other allegation of the petitioner is that one Vakita Adinarayana, who is
5 another claimant filed W.P.No.22149 of 2024 alleging that respondent No.5 herein is interfering with indrawing the water from the registered bore well at the instance of the petitioner herein. In that Writ Petition, respondent No.5 herein submitted written instructions categorically stating that he is not interfering regarding subject borewell. Accordingly, Writ Petition No.22149 of 2024 was
disposed of. In view of the written instructions, respondent No.5 is not interfering with the rights of either the petitioner or Vakita Adinarayana. 6. In view of the clear and categorical submissions as well as written instructions and endorsement, respondent Nos.4 and 5 are not interfering with the rights of the petitioner as well as Vakita Adinarayana who are claiming rights over the subject registered bore well. In the absence of any obstructions by the official respondents, it is for the petitioner to initiate appropriate proceedings in accordance with law. 7. Considering the submissions made by both the learned counsel and on perusal of the material on record as well as written instructions submitted by respondent No.4, it appears that respondent Nos.4 and 5 are not interfering with the drawing of the water by the petitioner from the subject registered bore well which is situated at Survey No.250-A-2. Therefore, the allegations made by the petitioner in the present Writ Petition are contrary to the facts in
hand as well as observations made by this Court in the order dated 03.10.2024 passed in W.P.No.22149 of 2024. Therefore, the relief claimed by the petitioner in the present Writ Petition is not in existence and it is only misunderstanding of the petitioner. If the respondents causing any inconvenience, the same to be resolved by the petitioner by way of invoking appropriate legal proceedings against them. To substantiate the claim of the petitioner, he neither illustrated any instances in the writ petition nor any action initiated by respondent Nos.4 and 5 to prove his cause of action in the present Writ Petition. In the absence of the same, the Writ petition filed by the petitioner is only with the mere apprehension and without therebeing any cause of action. 8. With the above observations, the Writ Petition is disposed of. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. //TRUE COPY// Sd/- T. SRINIVASA RAO ASSISTANT REGISTRAR SECTION OFFICER To,
1. The Principal Secretary, Department of Panchayath Development, State of Andhra Guntur District. 2. The District Collector, ^ Collectorate, Anantapur District. Raj and Rural Pradesh, Secretariat, Velagapudi, The District Level Authority (WALTA Act)
3. The Revenue Divisional Authority, The Divisional Level Authority (WALTA Act) Anantapur, Anantapur District. 4. The Tahsildhar, The Mandal Level Authority (WALTA Act) Yadiki Mandal, Anantapur District. 5.
The Station House Officer, Yadiki Police Station, Anantapur District. 6. One CC to Sri N. Chandra Sekhar Reddy, Advocate [OPUC]
7. Two CCs to GP for Panchayat Raj & Rural Development, High Court of Andhra Pradesh [OUT]
8. Two CCs to GP for Home, High Court of Andhra Pradesh [OUT]
9. Two CCs to GP for Revenue, High Court of Andhra Pradesh [OUT]
10. Two CD Copies Cnr
HIGH COURT DATED:01/08/2025
ORDER WP NO. 19819 OF 2025 i 23 SEP 2025 | ^ . Cumni section DISPOSING OF THE W.P.
WITHOUT COSTS