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2025 DAILYLAW 57189 (AP)

BOPPANA VIMALAMMA v. THE STATE OF AP

WP/28687/2025 · 2025-11-16

D Ramesh

body2025

Judgment text

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APHC010554982025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) MONDAY,THE SEVENTEENTH DAY OF NOVEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28687 OF 2025 Between: 1. BOPPANA VIMALAMMA, W/o. Veeraiah, Aged 78 years, Occ Cultivation, R/o. Venkatarayapalem Village, Nuzvid Mandal, Eluru District, Erstwhile West Godavari District. ...Petitioner AND 1. THE STATE OF AP, Rep. by its Principal Secretary to Government, 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). ...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 topleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of Respondents in not considering the Petitioner's representation dt. 29.08.2025 seeking permission for excavation of a bore well in her agricultural land admeasuring Ac. 6.78 cents in Survey No. 3/2 of Venkatayapalem Village, Nuzivid Mandal, Eluru District, as illegal, arbitrary, unreasonable, amounts to non discharge of legal obligation conferred on 5th respondent under the provisions of Andhra Pradesh Water, Land and Trees Act, 2002 and contrary to Articles 14 and 21 of the Constitution of India and consequently direct the Respondents to consider and dispose of the Petitioner's application dt. 29.08.2025 in accordance with law and pass Counsel for the Petitioner: NIMMAGADDA REVATHI Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: 1. The present writ petition is filed for non consideration of the application filed by the petitioner on 29.08.2025 for digging of borewell/ tubewell in Survey No.3/2 of Venkatayapalem Village, Nuzvid Mandal of Eluru District. 2. In fact, by orders, dated 01.07.2025 in W.P.No.15994 of 2025, this Court has categorically directed all the parties to maintain status quo obtaining as on today and further directed the writ petitioners to carryon agricultural activities including harvesting. 3. Considering the said directions, this writ petition is disposed of directing the respondents to consider the application filed by the petitioner on 29.08.2025 and conduct enquiry and pass appropriate orders as per sections 10 to 12 of the Andhra Pradesh Water, Land and Trees Act, 2002, subject to the outcome of W.P.No.15994 of 2025. As a sequel, all pending applications, if any, shall stand closed. ________________ JUSTICE D RAMESH Date: 17.11.2025 Dvs 92 THE HONOURABLE SRI JUSTICE D RAMESH WRIT PETITION NO: 28687 OF 2025 Date: 17.11.2025 Dvs