THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.20440 OF 2025 ORDER:- 1. The writ petition is filed under Article 226 of the Constitution of India to declare the action of Respondent Nos.2 to 6 in protecting the rights and interest of the petitioner over the subject land including water sources and not providing water to the petitioner’s land for the purpose of cultivation of the subject land and thereby depriving the fundamental right to livelihood as illegal, arbitrary and consequently direct Respondent Nos.2 to 6 to protect the rights and interest of the petitioner over the subject land including water sources. 2. Learned counsel for the petitioner submits that, petitioner is the absolute owner of the land to an extent of Ac.1-79 cents, Sy.No.116/1 of Madithadu village accounts, Tsundupalle Mandal, Annamayya District, and eking out his livelihood from the income derived from carrying on agriculture operations in respect of the said land. Respondent No.6 approached the petitioner and requested to permit to dig borewell in his land with government funds for the wellbeing of the village people for supply of drinking water through the overhead tank, with an understanding that the petitioner can be allowed to irrigate his land after filling the overhead tank with the surplus water.The petitioner agreed for the same and accordingly, borewell was dug 2 NV,J W.P.No.20440 of 2025 at his land for the purpose as mentioned above. While so, on the allegation of that the petitioner has been drawing the water excessively to his irrigation purpose resulting in shortage of water supply to the public. Thus, the gram panchayat and other villagers prevented the petitioner from drawing the water from subject borwell to his lands for cultivation. Hence the writ petition. 3. Learned Government Pleader for Revenue furnished written instructions issued by the Tahsildar, T. SundupalleMandal dated 05.08.2025, stating that, land in Sy.no.116/1 is classified as patta land government dry and recorded in the name of Buttaboyani Obulu with an extent of Ac.3-58 cents. Further, an extent of Ac.1-79 cents in Sy.No.116/1 was recorded in the name of Vattikalla Subbaiah. Admittedly, a borewell was dug under Special Development Package to provide drinking water to the people of Madithadu village from the borewell situated at petitioner land. The Government funds were allocated under Rural Water Scheme for the above said borewell and permission was accorded to the petitioner for using surplus water after filling up of overhead tank daily for 5 to 6 hours. The petitioner obeyed for the terms and allowed for establishment of borewell for public drinking water purpose and he has been drawing surplus water to his land. But, the petitioner is stating that, since the land is classified as patta land, it belongs to him and refusing to draw the water for supply drinking water to the overhead tank and for public, contrary to the terms of argument. 3 NV,J W.P.No.20440 of 2025 4. Learned Government Pleader further submits that, the grievance of the petitioner was brought to the notice of the District Collector/Respondent No.2, wherein a committee was constituted and the said committee resolved that the surplus water after catering the needs of village people, can be provided/permitted to the petitioner for irrigation purposes. Till catering the drinking water needs of drinking water to the village people, the petitioner may not be permitted to draw water from the subject borewell. 5. Upon hearing the submissions of the learned counsel for the petitioner and the learned Government Pleader for Revenue, and upon perusal of the material on record, it is observed that a borewell was dug on the petitioner’s land to supply drinking water to the village people. This arrangement was made with an understanding that the petitioner may utilize the surplus water, after meeting the village's drinking water requirements, for his agricultural purposes. 6. In view of the written instructions submitted by the learned Government Pleader for Revenue, clearly admitting the villagers' preferential right and the petitioner’s entitlement to the surplus water, the writ petition is disposed of with the following directions: 4 NV,J W.P.No.20440 of 2025 i. Respondent Nos.3 to 5 shall ensure that water from the petitioner’s borewell is supplied to the overhead tank. The surplus water, if any, shall thereafter be made available to the petitioner for agricultural use. ii. The respondents shall issue a speaking order informing the petitioner of the specific dates on which he may draw the surplus water. If the petitioner raises any objections, he may submit them to the respondents, in turn, who shall consider and pass appropriate orders within four weeks of receipt of such objections. 7. With the above direction, writ petition is disposed of. 8. Consequently, miscellaneous applications pending if any, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:25.09.2025 SP 5 NV,J W.P.No.20440 of 2025 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.20440 OF 2025 Date: 25.09.2025 W SP