B. Ramamurthy Naik Vs the State of Andhra Pradesh

B. Ramamurthy Naik, S/o.Gangaih Naik, Aged about 49^{years,R/o.D.No.4-2-} 28, P M K Thanda, Pandyalamadugu Village, Ramakuppam^{Mandal,Chittoor} District.

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...Petitioner

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AND

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The State o Andhra Pradesh, Rep. by its Principal^Secretary, Revenue Department, Secretariat Buildings, Velagapudi, Amaravati Guntur District.

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The District Collector, Chittoor, Chittoor District.

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The Revenue Divisional Officer, Kuppam Division,^{ChittoorDistrict.}

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The Tahsildar, Ramakuppam Mandal, Chittoor District.

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MS Krishna Naik, M. Seva Naik, Aged about 48 years, R/o P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal Chittoor District.

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B Sudha Naik, B. Krishna Naik, Aged about 32 years, R/o P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal Chittoor District.

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M Muni Raju, M. Sakira Naik, Aged about 48 years, R/o P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal Chittoor^District.

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0

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M Murali, M. Chandra Naik, Aged about 35 years, R/o P M K Thanda, Pandyalamadugu Village, Ramakuppam Mandal Chittoor^District.

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...Respondents

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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, Order, or Direction, more particularly in the nature of a Writ of Mandamus, by declaring the action of the respondents more specifically the 4*'^ respondent, in permitting the unofficial respondents to dig a bore well in Survey Nos. 419/2C-2 and 419/1D1, admeasuring^anextentof Ac. 1.50 cents and Ac. 0.25 cents respectively, situated at Pandyalamadugu Village, Ramakuppam Mandal, Chittoor District, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Water, Land and Trees Act, 2002. Consequently, it is prayed that this Honble Court be pleased to direct the 4*^ respondent to take necessary steps for seizure of the illegally dug of^the bore well in the aforementioned survey numbers and land. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the^{circumstancesstated} in the affidavit filed in support of the writ petition, the High Court may be pleased to direct the 4*^ respondent to take immediate steps for seizure of the alleged bore well in Survey Nos. 419/2C-2 and 419/1D1, admeasuring an extent of Ac. 1.50 cents and Ac. 0.25 cents respectively, situated at Pandyalamadugu Village, Ramakuppam Mandal, Chittoor^District.

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Counsel for the Petitioner: SRI K. SRINIVAS Counsel for the Respondent Nos.1 to 4 : GP FOR REVENUE Counsel for the Respondent Nos.5 to 8 : NONE APPEARED

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The Court made the following order:

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'W,

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APHC010342532025

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IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI

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[3331]

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(Special Original Jurisdiction)

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MONDAY, THE TWENTY FIRST DAY OF JULY

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TWO THOUSAND AND TWENTY FIVE

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PRESENT

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THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI

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WRIT PETITION NO: 17099/2025

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Between:

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I.B. RAMAMURTHY NAIK, S/0 GANGAIH NAIK, AGED ABOUT⁴⁹ YEARS R/0 D. NO. 4-2-28, P M K THANDA, PANDYALAMADUGU VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT.

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...PETITIONER

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AND

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1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT. ' SECRETARIAT BUILDINGS. VELAGAPUDI, AMARAVATI GUNTUR DISTRICT.

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2.THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT.

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3.THE REVENUE DIVISIONAL OFFICER, KUPPAM DIVISION CHITTOOR DISTRICT.

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4.THE TAHSILDAR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT.

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5.MS KRISHNA NAIK, , M. SEVA,NAIK, AGED ABOUT 48 YEARS, R/0 P M K THANDA, PANDYALAMADUGU VILLAGE, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT.

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Page 2 of 4

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6.B SUDHA NAIK, B. KRISHNA NAIK, AGED ABOUT 32 YEARS R/0 P M K THANDA, PANDYALAMADUGU VILLAGE RAMAKUPPAM MANDAL CHITTOOR DISTRICT

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7.M MUNI RAJU, M. SAKIRA NAIK, AGED ABOUT 48 YEARS, R/0

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P M K THANDA, PANDYALAMADUGU VILLAGE RAMAKUPPAM

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MANDAL CHITTOOR DISTRICT.

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8.M MURALI, M. CHANDRA NAIK, AGED ABOUT 35 YEARS, R/0

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P M K THANDA, PANDYALAMADUGU VILLAGE RAMAKUPPAM MANDAL CHITTOOR DISTRICT

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...RESPONDENT(S):

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Petition under Articie 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, Order, or Direction, more particuiariy in the nature of a Writ of Mandamus, by declaring the action of the respondents, more specificaiiy the 4th respondent, in permitting the unofficiai respondents to dig a bore weii in Survey Nos. 419/2C-2 and 419/1D1, admeasuring an extent of Ac, 1.50 cents and Ac. 0.25 cents respectiveiy, situated at Pandyaiamadugu Village, Ramakuppam Mandal Chittoor District, as illegal, arbitrary, and violative of the fundamental rights guaranteed under Articles 14, 19, and 300-A of the Constitution of India, and contrary to the express provisions of the Andhra Pradesh Water, Land and Trees Act, 2002. Consequently, it is prayed that this Honble Court be pleased to direct the 4th respondent to take necessary steps for seizure of the illegally dug of the bore well in the aforementioned survey numbers and land and pass

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lA NO: 1 OF 2Q2fi

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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 take immediate steps for seizure of the alleged bore well in Survey Nos.419/2C-2 and 419/1D1, admeasuring an extent of Ac. 1.50 cents and Ac.0.25 cents respectively situated at Pandyaiamadugu Village, Ramakuppam Mandal Chittoor District

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Page 3 of 4

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Counsel for the Petitioner:

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1.KSRINIVAS

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Counsel for the Respondent(S):

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1.GP FOR REVENUE

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The Court made the following:

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ORDER

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Heard Ms.Anjani Priya, learned counsel representing Sri K.Srinivas, learned counsel for the petitioners and Sri G.Divya Theja, learned Assistant Government Pleader for Revenue for the respondents 1 to 4.

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Notice in respect of respondents 5 to 8 is dispensed with, since no adverse order, affecting their rights and interests, is passed.

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The grievance of the petitioner is that 4'^ respondent is not proper and necessary steps with regard to unauthorized digging of bore well by the unofficial respondents near the bore well of the petitioner situated in S.NOS.419/2C-2 and 419/1D1 of an extent of Ac.1.50 cents and Ac.0.25 cents situated at Pandyalamadugu village, Ramakuppam Mandal, Chittoor District, without getting permission from the 4^^ respondent under the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002.

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Learned counsel for the petitioner would submit that the petitioner is the owner and possession of agricultural land of^{anextentofAc.1.50} cents in S.Nos.419/2C-2 and an extent of Ac.0.25 cents in S.No.419/1D1 and the unofficial respondents without obtaining permission^fromthe4 th respondent dug bore well near the petitioner’s land. She would submit

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Page 4 of 4

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that though the petitioner informed the 4**^ respondent about unauthorized digging the bore well, he did not initiate any action.

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Learned Assistant Government Pleader for Revenue, on instructions of the Tahsildar, Ramakuppamt, would submit that the Tahsildar will follow due procedure as the Andhra Pradesh Water, Land and Trees Act, 2002 regarding unauthorized digging of bore well.

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The instructions of the Tahsildar, Ramakuppa m are made part of the record.

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Given the facts and circumstances of the case, the Writ Petition is disposed of with the consent of learned counsel on either side at the admission stage, directing the 4**" respondent to consider the grievance of the petitioner with regard to digging of unauthorized bore well by the unofficial respondents near the petitioner’s land, without obtaining permission, strictly adhering to the procedure mandated under the Andhra Pradesh Water, Land and Trees Act, 2002, within a period of four months from the date of receipt of a copy of this order. No order as to costs.

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As a sequel, pending miscellaneous petitions, if any, shall stand closed.

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To,

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//TRUE COPY//

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Sd/- K TATA RAO DEPUTY REGISTRAR SECTION OFFICER

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