Date of reserved for orders : Date of pronouncement : 23.06.2026 Date of uploading : APHC010315032018 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] TUESDAY, THE 23rd DAY OF JUNE 2026 PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 14281/2018 Between: 1. K CHINA KARRENA, C/O DASTAGIRI, S/O. KURVA DUBBA ERRANNA, AGED ABOUT 70 YEARS, OCC AGRICULTURE, R/O. LINGAMDINNE VILLAGE, GONEGANDAL MANDAL, KURNOOL DISTRICT ...PETITIONER AND 1. STATE OF AP, REVENUE DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. REP. BY ITS PRINCIPAL SECRETARY 2. THE DISTRICT COLLECTOR, KURNOOL, KURNOOL DISTRICT. 3. THE TAHSILDAR, DEVANAKONDA, KURNOOL DISTRICT 4. THE ADDITIONAL ASSISTANT ENGINEER OPERATION APSPDCL, DEVANAKONDA, KURNOOL DISTRICT. 5. B RAMALINGADU, S/O. B.LINGAPPA, AGED ABOUT 55 YEARS, OCC AGRICULTURE, R/ O. LINGAMDINNE VILLAGE, GONEGANDAL MANDAL, KURNOOL DISTRICT. 2 VS,J W.P.No.14281 of 2018 ...RESPONDENT(S): 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 to issue a writ of mandamus or any other appropriate writ or direction declaring the memo issued in RC.B.No.56/2018 dated 19.02.2018 as illegal arbitrary and one without jurisdiction and pass . IA NO: 1 OF 2018 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 suspend the proceedings issued by the 3rd respondent in RC.B.No.56/2018 dated 19.02.2018, pending disposal of the WP and pass. IA NO: 2 OF 2018 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 4th respondent to restore the power supply to the service connection to the borewell bearing No.8132119000310, pending disposal of the writ petition, and pass . IA NO: 3 OF 2018 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 vacate the interim suspension order dated 01.05.2018 passed in IA.No. 01/2018 in WP.no. 14281/2018 and pass Counsel for the Petitioner: 1. G SRAVAN KUMAR Counsel for the Respondent(S): 1. VENKATA RAMA RAO KOTA SC FOR APSPDCL 2. GP FOR REVENUE 3. ANUMULA KARTHIK REDDY The Court made the following: 3 VS,J W.P.No.14281 of 2018 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India, seeking the following prayer: “to issue a writ of mandamus or any other appropriate writ or direction declaring the memo issued in RC.B.No.56/2018 dated 19.02.2018 as illegal arbitrary and one without jurisdiction and pass” 2. The petitioner is the owner of the land admeasuring Acs.3.59 cents in Sy.No.24 of Machapuram village,Devanakonda mandal, Kurnool district, wherein, a borewell was dug and electricity connection was also provided. 3. While the matter stood thus, the 5th respondent filed W.P.No.16338 of 2015 before this Court alleging that the petitioner has illegally dug the borewell in the said land and sought for a direction to the respondents to see that the borewell is closed immediately as per provisions A.P. Water, Land and Trees Act, 2002. The said writ petition was disposed of on 10.06.2015, wherein, this Court observed as under: “As the petitioner has already made a complaint to the Tahsildar, Devanakonda Mandal, the fifth respondent, herein, and the said authority is entitled to take necessary action in accordance with law as per the provisions of the A.P. Water, Land and Trees Act, 2002, there shall be a direction to the fifth respondent to consider the petitioner’s complaint dated 28-04-2015 and take necessary appropriate 4 VS,J W.P.No.14281 of 2018 action thereon after giving due notice and opportunity of hearing to all the parties concerned.” 4. Pursuant to the said order of this Court, the 3rd respondent in memo bearing Rc.A.No.A/99/2015, dated 15.04.2017 informed that the 4th respondent addressed a letter stating that the service wire pertaining to power supply to the borewell of the petitioner was seized and it was identified as unauthorized power supply; the Mandal Revenue Inspector was instructed to take immediate action for seizure of the said unauthorized borewell with the help of Village Revenue Officer under the provisions of A.P. Water, Land and Trees Act, 2002 under proper panchanama and further to report compliance. Aggrieved by the said memo dated 15.04.2017, the petitioner was constrained to file W.P.No.15143 of 2017, which was allowed by this Court on 07.12.2017 by observing as under: “6. Therefore the W.V.MP.No.2209 of 2017 is dismissed and the Writ Petition is allowed setting aside the order dt.15.04.2017 of the 3rd respondent on the ground that there is violation of principles of natural justice by him. However, liberty is granted to the 3rd respondent to consider the complaint of the 5th respondent against the petitioner under the provisions of A.P. WALTA Act, 2005 after serving notice on the petitioner, granting time to him to submit his explanation and then passing a reasoned order after considering the explanation, if any, submitted by the petitioner. This exercise shall be completed within a period of three (03) months from the date of receipt of a copy of the order.” 5 VS,J W.P.No.14281 of 2018 5. The grievance of the petitioner is that the 3rd respondent, without adhering to the directions passed by this Court in the aforesaid writ petition, has passed the impugned memo dated 19.02.2018 directing the petitioner herein to close the borewell. Hence, the present writ petition is filed. 6. When the writ petition came up for hearing on 01.05.2018, this Court passed an interim order suspending the operation of the proceeding issued by the 3rd respondent in RC.B.No.56/2018, dated 19.02.2018 and further directing the 4th respondent to restore the power supply to the service connection to the borewell bearing No.8132119000310, pending disposal of the writ petition. 7. Heard Sri. G. Sravan Kumar, learned counsel for the petitioner, learned Assistant Government Pleader for Revenue and Sri. Kondeti Ashok, learned counsel appearing for APSPDCL. 8. The 3rd respondent filed a detailed counter affidavit denying the contentions of the petitioner and stated that the respondent authorities, after duly following the procedure as directed by this Court in W.P.No.15143 of 2017, issued the impugned orders directing the petitioner to close the borewell. The impugned orders dated 19.02.2018 are in accordance with Andhra Pradesh Water, Land and Trees Act, 2002 and that the same were passed after conducting enquiry. Hence requested to dismiss the writ petition. 6 VS,J W.P.No.14281 of 2018 9. Perused the entire material available on record. The facts of the writ petition are not in dispute. Admittedly, questioning the memo dated 15.04.2017 issued by the 3rd respondent, by way of which the Mandal Revenue Inspector, Devanakona was instructed to take immediate action for seizure of the alleged unauthorized bore well dug by the petitioner, W.P.No.15143 of 2017 was filed by the petitioner wherein, the petitioner has succeeded in obtaining an interim stay of all further proceedings. Subsequently, on 07.12.2017, the said writ petition was allowed and the memo dated 15.04.2017 was set-aside; the 3rd respondent was directed to proceed against the petitioner, if necessary, under the provisions of Andhra Pradesh Water, Land and Trees, Act, 2002 after serving notice on the petitioner, granting time to submit explanation and then to pass a reasoned order. 10. In spite of there being a specific direction to the 3rd respondent to follow due process of law if he intends to proceed against the petitioner, the 3rd respondent, without adhering to the directions passed by this Court, has straightaway passed the impugned memo dated 19.02.2018 by stating as if this Court in W.P.No.15143 of 2017 directed the 3rd respondent to close the borewell of the petitioner, which is untenable. It is to be noted that the respondent authorities have not filed any material before this Court to establish that they have issued a notice to the petitioner, as directed by this Court. 7 VS,J W.P.No.14281 of 2018 11. In view of the same, the impugned memo dated 19.02.2018 passed by the 3rd respondent is hereby set-aside. However, the respondent authorities are at liberty to initiate action against the petitioner, if necessary, by duly following the procedure as mentioned by this Court in the order dated 07.12.2017 in W.P.No.15143 of 2017 i.e., after serving notice on the petitioner, granting time to him to submit his explanation and then passing a reasoned order after considering the explanation, if any, submitted by the petitioner. 12. Accordingly, this writ petition is allowed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in this Petition shall stand closed. _____________________ JUSTICE V.SUJATHA 23.06.2026 Gss Whether the order is : Speaking Yes/No / Recorded Yes/No Reportable Yes/No / Non-Reportable Yes/No