APHC010515302025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3332] FRIDAY,THE THIRTY FIRST DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 26543/2025 Between: K Kalpana ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. Y MAHA LAKSHMI Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE The Court made the following order: The grievance of the petitioner is that the 6th respondent Gram Panchayat is digging a borewell within 20 meters from her bore well situated in Sy.No.409/3 of Tirumalapuram village, Jangareddigudem Mandal, Eluru District violating the provision of Section 10 of A.P.WALTA Act, 2002. 2. Heard Smt Y.Mahalakshmi, learned counsel for petitioner, Sri Venkata Satyanarayana, learned Assistant Government Pleader for Revenue and Smt Naga Chandrika, learned Assistant Government Pleader for Panchayat Raj. 3. Learned counsel for the petitioner in elaboration to what has been stated in the affidavit contended that, the 6th respondent, in utter violation of the Section 10 and 13 of A.P.WALTA Act, 2002, is trying to dig bore well within 20 meters from the petitioner’s bore well. If the said bore well is dug, the petitioner will not get the water and cultivate her land. As such prayed to pass appropriate orders protecting the interest of the petitioner. 4. On the other hand, learned Assistant Government Pleader for Revenue on instructions dated 23.09.2025 submitted that, the Gram Panchayat has proposed the subject bore well for the purpose of public drinking water but not for the purpose of irrigation. He further submitted that, there is proviso to Section 10 of A.P.WALTA Act, 2002 providing that sinking of any well for public drinking purpose and hand pump for public or private drinking water purpose shall be exempted under the said section. As such no indulgence need be shown on the petitioner and writ petition is devoid of merits and accordingly prayed to dismiss the writ petition. 5. Perused the record and considered the submissions of both the learned counsel. 6. Digging bore well within 20 meters in violation of Section 10 of A.P.WALTA Act, 2002 from the petitioner’s bore well is the ground raised in the present writ petition. Whereas the respondents have contended that, as per the proviso to Section 10 of A.P.WALTA Act, 2002 sinking of any well for public drinking purpose and hand pump for public or private drinking water purpose shall be exempted under the said section. As the subject bore well is laid for the purpose of public drinking water, the said proviso is applicable to the facts of the case and the petitioner cannot raise any grievance in digging the said bore well. Therefore, the writ petition is devoid of merits and liable to be dismissed. Accordingly, the writ petition is dismissed. No costs. Miscellaneous applications, pending if any, shall stand closed. ___________________________ JUSTICE RAVI CHEEMALAPATI BRS