1 APHC010628622025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3208] SATURDAY,THE TWENTY SECOND DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 32563/2025 Between: 1. VELLANKI KASTURI, W/O. LATE W NARSIMHA RAO, AGED 75 YEARS, OCC. PROPERTIES, R/O. FLAT NO..201, BLOCK NO.20, MALESIAN TOWNSHIP (VTC), KUKATPALLY HYDERABAD, TELANGANA STATE - 5000072. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, ELURU DISTRICT AT ELURU (FORMERLY KRISHNA DISTRICT). 3. THE JOINT COLLECTOR, ELURU DISTRICT AT ELURU (FORMERLY KRISHNA DISTRICT). 4. THE REVENUE DIVISIONAL OFFICER, NUZVID REVENUE DIVISION, ELURU DISTRICT. 5. THE TAHSILDAR, NUZVID MANDAL, ELURU DISTRICT (FORMERLY KRISHNA DISTRICT). ...RESPONDENT(S): Counsel for the Petitioner: 1. NIMMAGADDA REVATHI 2 Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: ORDER: The present Writ Petition is filed, under Article 226 of the Constitution of India, seeking the following relief: “ It is prayed that this Hon’ble Court may be pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents particularly 5th respondent in not considering the Petitioner's application dated 29.08.2025 seeking permission for excavation of bore well in her agricultural land admeasuring Ac.11.38 cents in Survey No.3/2 of Venkatayapalem Village, Nuzivid Mandal, Eluru District, as illegal, arbitrary, unreasonable, amounts to non discharge of legal conferred on respondents under the provisions of Andhra Pradesh Water, Land and Trees Act and Offends Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to grant permission for digging bore well by considering petitioner's application dated 29.08.2025 in accordance with law and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case.” 2. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for the respondents. 3. The present writ petition is filed seeking to declare the action of the respondents, particularly the respondent No.5, in not considering the petitioner’s application dated 29.08.2025, seeking permission for the excavation of a borewell in her agricultural land admeasuring Acs.11.38 cents in Sy.No.3/2 of Venkatayapalem Village, Nuzivid Mandal, Eluru District, is illegal and arbitrary. 3 4. Learned counsel for the petitioner has submitted that although the petitioner had made an application on 29.08.2025, the same has not been considered so far. 5. Section 10 (2) of the Andhra Pradesh Water, Land and Trees Act (the Act) stipulates that the authorities shall pass appropriate orders. The respondent authorities are directed to consider the petitioner’s application, if it is permissible within the limits prescribed under Section 10 of the Act, and pass appropriate orders within a period of two months from the date of receipt of a copy of this order. Needless to state that before passing such orders, notice shall be issued to all affected persons. 6. With the above observations and directions, this Writ Petition is disposed of. There shall be no order as to costs. As a sequel thereto, interlocutory applications pending, if any, in the writ petition, shall also stand closed. ___________________ JUSTICE D.RAMESH 22.11.2025 Vns