APHC010006212025 IN THE HIGH COURT OF ANDHRA PRADESH FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 373/2025 Between: 1. MUTYALA GIRI, S/O. VEERAIAH, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. ITHAMPADU VILLAGE, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, BUILDING, VELAGAPUDI, GUNTUR DISTRICT. 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. 3. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BITRAGUNTA SECTION DISTRICT. 4. THE TAHSILDAR, DAGADARTHI MAN DISTRICT. 5. THE ASSISTANT EXECUTIVE ENGINEER OPERATION, APSPDCL, DAGADARTHI, SPSR NELLORE DISTRICT. 6. MUTHYA SEENAIAH SRINIVASULU, S/O BALAKOTAIAH, AGED 40 YEARS, R/O ITHAMPADU VILLAGE, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. R6 ORDER DT.06.03.2025 IN I.A.NO. 02 OF 2025. 1 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) FRIDAY,THE THIRTIETH DAY OF JANUARY TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WRIT PETITION NO: 373/2025 MUTYALA GIRI, S/O. VEERAIAH, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. ITHAMPADU VILLAGE, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. ...PETITIONER AND THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDING, VELAGAPUDI, GUNTUR DISTRICT. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, BITRAGUNTA SECTION-LL BITRAGUNTA, SPSR NELLORE THE TAHSILDAR, DAGADARTHI MANDAL, SPSR NELLORE THE ASSISTANT EXECUTIVE ENGINEER OPERATION, APSPDCL, DAGADARTHI, SPSR NELLORE DISTRICT. MUTHYA SEENAIAH SRINIVASULU, S/O BALAKOTAIAH, AGED 40 YEARS, R/O ITHAMPADU VILLAGE, DAGADARTHI MANDAL, SPSR NELLORE DISTRICT. R6 IS IMPLEADED AS PER THE COURT'S ORDER DT.06.03.2025 IN I.A.NO. 02 OF 2025. ...RESPONDENT(S): RC,J W.P.No.373 of 2025 IN THE HIGH COURT OF ANDHRA PRADESH [3332] FRIDAY,THE THIRTIETH DAY OF JANUARY THE HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI MUTYALA GIRI, S/O. VEERAIAH, AGED ABOUT 45 YEARS, OCC. AGRICULTURE, R/O. ITHAMPADU VILLAGE, DAGADARTHI ...PETITIONER THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARIAT THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE. THE EXECUTIVE ENGINEER, IRRIGATION DEPARTMENT, LL BITRAGUNTA, SPSR NELLORE DAL, SPSR NELLORE THE ASSISTANT EXECUTIVE ENGINEER OPERATION, APSPDCL, MUTHYA SEENAIAH SRINIVASULU, S/O BALAKOTAIAH, AGED 40 YEARS, R/O ITHAMPADU VILLAGE, DAGADARTHI MANDAL, SPSR IS IMPLEADED AS PER THE COURT'S ...RESPONDENT(S): RC,J W.P.No.373 of 2025 2 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 to issue a writ or order more particularly one in the nature writ of mandamus or an appropriate writ or order declaring the high-handed action of the respondents 3-5 in attempting to close down the two bore wells of the petitioner which are the water source to his paddy crop raised in an extent . of Ac. 6.23 Cents in Sy. Nos. 69/3, 69/4 and 69/6, Ithampadu village. Dagadarthi Mandal, SPSR Nellore district, without notice and without following the due process of law, is illegal, arbitrary and unconstitutional and consequently and pass IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents 3-5 not to close down the two bore wells of the petitioner which are the water source to his paddy crop raised in an extent of Ac. 6.23 Cents in Sy. Nos. 69/3, 69/4 & 69/6, Ithampadu village Dagadarthi Mandal, SPSR Nellore district, pending disposal of the writ petition and pass IA NO: 2 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to permit the petitioner to implead the petitioner as party/respondent No-6 in the above W.P No.373/2025, and to pass Counsel for the Petitioner: 1. KOTI REDDY IDAMAKANTI Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR REVENUE 3. GP FOR IRRI AND CAD 4. AMANCHARLA SATISH BABU The Court made the following: RC,J W.P.No.373 of 2025 3 ORDER This Writ petition is filed questioning the highhanded action of the respondent nos. 3 to 5 in attempting to close down the two bore wells of the petitioner, which are the only water source to his paddy crop raised in an extent of Ac.6.23 cents of land in Survey Nos.69/3, 69/4 & 69/6, Ithampadu Village, Dagadarthi Mandal, SPSR Nellore District, without notice and without following the due process of law. 2.Sri I. Koti Reddy, learned counsel for petitioner, submitted that as of now the authorities are not interfering with the borewells and hence nothing remains for adjudication in this writ petition and the same can be closed. 3. On the other hand, Sri Satyanarayana, learned Assistant Government Pleader, submitted that respondent no.6 made a complaint before Lokayukta, and as per the directions of the Lokayukta, a survey was conducted, which revealed that the petitioner dug a bore well unauthorizedly and without permission, and accordingly a report was submitted to Lokayukta and the authorities would take steps in accordance with law. 4. The learned Assistant Government Pleader and Sri Amancharla Satish Babu, learned counsel for respondent no.6, submitted that the petitioner fearing that action would be taken against him pursuant to the report filed before Lokayukta, prayed to close the writ petition. RC,J W.P.No.373 of 2025 4 5. Considered the submissions made by learned counsel for the parties. 6. Since the authorities undertook to take steps as per law against the bore wells dug by the petitioner unauthorizedly and without obtaining permission, the writ petition can be disposed of. 7. Accordingly, the writ petition is disposed of, directing the authorities not to interfere with the subject bore-wells except under due process of law. There shall be no order as to costs. Pending miscellaneous petitions, if any, shall stand closed. ____________________________ JUSTICE RAVI CHEEMALAPATI DATE: 30TH day of January, 2026. RR