Date of reserved for orders :-- Date of pronouncement :09.07.2026 Date of uploading : 10.07.2026 APHC010492172017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3209] THURSDAY, THE 9th DAY OF JULY 2026 PRESENT THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 378 OF 2017 Between: 1. P.ROSHI REDDY (DIED), S/O.SRI P.RAMI REDDY HINDU, AGED 70 YEARS, 0CC. AGRICULTURE, R/O.H.NO.2-13, KONETAMMAPALLI VADDEMANU VILLAGE, NANDIKOTKUR MANDAL KURNOOL DISTRICT, ANDHRA PRADESH 2. P.DAMODAR REDDY S/O LATE P.ROSHI REDDY, AGED 51 YEARS, OCC.AGRICULTURE, R/O D.NO.2-13, KONETAMMAPALLE, VADDEMANU, KURNOOL DISTRICT, ANDHRA PRADESH. PETITIONER 2 IS BROUGHT ON RECORD AS L.R. TO THE SOLE DECEASED PETITIONER AS PER THE ORDER OF THIS COURT, DT.31.08.2023 VIDE ORDER PASSED IN I.A.1 OF 2023. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY REVENUE DEPARTMENT, A.P.SECRETARIAT, VELAGAPUDI, AMARAVATHI. 2. THE COMMISSIONER, 0/0 INFORMATION COMMISSIONER ANDHRA PRADESH, HOUSING BOARD BUILDING, MJ MARKET, HYDERABAD. 3. THE REVENUE DIVISIONAL OFFICER, KURNOOL, KURNOOL DISTRICT, AP 2 4. THE TAHSILDAR, NANDIKOTKUR MANDAL KURNOOL DISTRICT, AP 5. SRI M NARAYANA REDDY, S/O.SRI M.NAGI REDDY HINDU, AGED NOT KNOWN OCC: AGRICULTURE, R/O.KONETAMMAPALLI VILLAGE NANDIKOTKUR MANDAL, KURNOOL DISTRICT, AP ...RESPONDENT(S): Counsel for the Petitioner(S): 1. S.NAGESWARAREDDY 2. Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. K RATHANGA PANI REDDY 3 The Court made the following ORDER: The present Writ Petition is filed seeking to declare the action of the 4th respondent in issuing Notice dated 20.12.2016 on the basis of directions dated 12.08.2015 issued by the 2nd respondent, as illegal, arbitrary, etc., and for consequential direction not to take any coercive steps. 2) In the Writ Petition it is inter alia pleaded that the petitioner’s brother dug two bore wells in the years 1990 and 1995, much prior to enactment of A.P.Water, Land and Trees Act, 2002. On a representation / complaint made by the 5th respondent, the 4th respondent vide letter dated 09.11.2015 addressed a letter to the Revenue Divisional Officer, wherein it is stated as follows: “It is further submitted that on petitioner M.Narayana Reddy was also digged a Bore well on 2013 without any permission concerned officers. The detail reports along with statements are herewith enclosed for kind perusal. An endorsement also issued to the petitioner that the above Bore seized has not covered under APWALTA Act, 2002 due to the Bore wells existing digged before the Act and also directed to apply for No Objection Certificate (NOC) for his Bore well for consideration.” 3) In the meanwhile, entertaining the complaint made by the 5th respondent, the 2nd respondent issued directions dated 12.08.2015 to initiate action on the same. A perusal of the directions dated 12.08.2015, issued by the 2nd respondent would go to show that no opportunity was afforded to the petitioner herein. Be that as it may. Even the 4th respondent, who submitted a report dated 09.11.2015 referred to above has issued the impugned Notice 4 as if the petitioner has not obtained permissions as required under the above said Act. 4) No counter affidavit is filed on behalf of the 5th respondent. Whereas, the 4th respondent filed a counter affidavit, wherein it is inter alia stated as follows: “Moreover as per seen from the available material and enquiry it is noticed that the bore well which was dug by the Sri P.Roshi Reddy in the year 1995 may not attract the provisions of the A.P. WALTA Act-2002 since, the bore well was dugged by writ petitioner prior to the commencement of A.P. WALTA Act-2002.” 5) In the light of the averments made in the counter affidavit, referred to above, the issuance of notice on the basis of directions issued by the 2nd respondent, in the considered view of this Court is not sustainable. 6) In the aforementioned facts and circumstances, the impugned notice is set aside and the Writ Petition is allowed. No costs. 7) Consequently, the Miscellaneous Applications pending, if any, shall stand closed. NINALA JAYASURYA,J Date:09.07.2026. Ssv Whether the order is : Speaking Yes/No / Reasoned Yes/No Reportable Yes/No / Non-Reportable Yes/No 5 THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WRIT PETITION NO: 378 OF 2017 Date:09.07.2026. Ssv