APHC010105112025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY ,THE ELEVENTH DAY OF MARCH TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5643/2025 Between: Mekalanagasubbaiah, ...PETITIONER AND The State Of Andhra Pradesh and Others ...RESPONDENT(S) Counsel for the Petitioner: 1. P V N KIRAN KUMAR Counsel for the Respondent(S): 1. GP FOR REVENUE The Court made the following: 2 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5643/2025 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 inaction on the part of respondent Nos.2 to 4 in considering petitioner’s representation dated 31.01.2025 through which petitioner has requested to take action against the borewell which is dug by respondent No.5 in government land which is adjacent to petitioner’s land in Sy.No.318/2p3 of Gunkanapalle Village fields, Lingala Mandal, YSR District as illegal, arbitrary, apart from being voilative of fundamental rights guaranteed to petitioner under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondent No.4 to seize the borewell dug by the respondent No.5 in government land which is adjacent to petitioner’s land in Sy.No.318/2p3 of Gunkanapalle Village fields, Lingala Mandal, YSR District and pass such other order. 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 is the absolute owner of the land admeasuring to an extent of Ac.2.02 cents in Sy.No.317/3 and Ac.2.03 cents in Sy.No.318/2P3 of Gunkanapalle Village Fields, Lingala Mandal, YSR District. The petitioner has been cultivating banana plantation in the said land. While things stood thus, the 5th respondent without there being any permission has dug a borewell in the Government land adjacent to 3 the petitioner’s land in survey No.318/2P3. Due to the heavy usage of water by the 5th respondent, the borewell of the petitioner has become dry. Further, due to lack of water, the crop of the petitioner has also become dry. Aggrieved by the same, the petitioner submitted a representation dated 31.01.2025 to respondent Nos.2 to 4 requesting them to take action against the 5th respondent. But the respondents neither considered the representation of the petitioner nor taken any action. Hence, the present Writ Petition. 4. Learned Government Pleader for the respondents submits that the respondent authorities will consider the representation dated 31.01.2025 submitted by the petitioner and pass appropriate orders in accordance with the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (APWALTA). 5. In view of the submission of the learned Government Pleader, this Court need not decide the truth or otherwise of the allegations made in the petition. This Court is conscious that no such direction be issued, in view of the judgment of the Apex Court in “The Government of India v. P.Venkatesh1”, wherein the Apex Court held that such orders may make for a quick or easy disposal of cases in overburdened adjudicatory institutions. Therefore, this Court deems it appropriate to dispose of the Writ Petition, directing the respondents more particularly respondent No.4 to consider the 1 2019 (8) SCALE 544 4 representation of the petitioner and pass appropriate orders in accordance with the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (APWALTA), within a period of two(2) months from the date of receipt of copy of this Order. 6. With the above directions, 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. ________________________________ VENKATESWARLU NIMMAGADDA, J 11.03.2025 TTPPSS 5 05 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 5643 of 2025 11.03.2025 TTPPSS