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2026 Supreme(AP) 809

IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI
SUBBA REDDY SATTI, J.
 
Konka Srinu @ Srinivasulu, S/o. K. Malyadri – Petitioner
Versus
The State Of Andhra Pradesh, Rep. By Its Principal Secretary To Revenue Department – Respondent
Writ Petition No. 20892 of 2025
Decided On : 07-05-2026
 

Advocates Appeared:
For the Petitioner: Sri C.Rama Chandra Raju, learned counsel assisted by Sri P.Sivannarayana, learned counsel.
For the Respondents: Ms. Usha, learned AGP, Sri P. Nithin, Learned counsel representing Sri M. Sudhir, learned Standing Counsel and AGP.

The judgment establishes that statutory permissions under the Panchayat Raj Act and WALTA Act are mandatory for operating an R.O. plant and digging bore wells, and a petitioner approaching court with unclean hands cannot claim relief, but the court may pass pragmatic directions to protect the public's right to clean drinking water.

Headnote:(A) Andhra Pradesh Panchayat Raj Act, 1994 - Section 120 - Andhra Pradesh Water, Land and Trees Act, 2002 - Sections 7, 8, 10, 15 - Constitution of India - Articles 14, 21, 226, 300-A - Permission required for installing machinery and running an R.O. plant - Permission from Gram Panchayat mandatory - Permission to dig bore well necessary under WALTA Act - Seizure without opportunity to explain violates Principles of Natural Justice - But relief cannot be granted to a violator of law - Access to clean drinking water is a facet of Right to Life - When substantial justice and technicalities conflict, substantial justice prevails - Writ petition disposed of with directions. (Paras 13-15, 25-29, 33-36, 48-52)

(B) Judicial discretion - Cannot be exercised to grant relief contrary to statute - Law prevails over equity when in conflict. (Paras 36-38)

(C) Concession on a point of law by counsel - Does not bind the party if erroneous - Court must apply the correct law. (Paras 42-47)

Table of Content
1. overview of the case including the petitioner's claims, the counter-affidavit, and the factual background regarding the r.o. plant and bore-well. (Para 3 , 4 , 5 , 6 , 11 , 12 , 17)
2. the requirement of obtaining permission under section 120 of the ap panchayat raj act for constructing and running an r.o. plant with machinery. (Para 7 , 8 , 9 , 10 , 13 , 14 , 15)
3. the finding that the petitioner filed a forged and concocted resolution, thus approaching the court with unclean hands. (Para 16 , 18 , 19 , 20 , 21 , 22 , 23)
4. the necessity of permission under the ap walta act for digging a bore-well and the rejection of the petitioner's application. (Para 24 , 25 , 26 , 27 , 28 , 29 , 30 , 31)
5. violation of natural justice in seizure, but the petitioner being a law violator is not entitled to relief. law prevails over equity. (Para 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40)
6. counsel's concession on a point of law is not binding on the party and the court must apply the correct law. (Para 41 , 42 , 43 , 44 , 45 , 46 , 47)
7. public interest and the right to clean drinking water as a facet of the right to life outweigh technical violations. (Para 48 , 49 , 50 , 51)
8. final directions: treating the notice as show-cause, allowing the petitioner to explain, and mandating reasoned consideration while upholding the law. (Para 52)

ORDER :

SUBBA REDDY SATTI, J.

The above writ petition was filed to declare the inaction of respondents 4 to 7 in seizing the R.O. drinking water plant and bore-well situated in Sy.No.336 of Ippagunta Village, pursuant to a letter dated 23.07.2025, without issuing any notice, as illegal and arbitrary.

2. Heard Sri C. Rama Chandra Raju, learned counsel assisted by Sri P. Sivannarayana, learned counsel for the petitioner, Ms. Usha, learned Assistant Government Pleader for Revenue appeared for respondents 1 to 3 & 5, Sri P. Nithin, learned counsel representing Sri M. Sudhir, learned Standing Counsel appeared for respondents 4 & 6, and learned Assistant Government Pleader for Home appeared for respondent No.7.

3. Learned counsel for the petitioner would submit that the petitioner constructed the R.O. water plant in Sy.No.336, land admeasuring 155 Square Yards in Ippagunta Village, which is an ancestral property. The petitioner spent an amount of Rs.3,00,000/-, to construct the R.O. water plant. Though there is a public drinking water system in the village, the water being supplied is not useful for domestic purposes and is not fit for human consumption. The petitioner has been collecting a nominal amount of Rs.3/- per 20-litre water can. The petitioner made a representation dated 09.06.2025 to respondent No.5, to issue permission. Respondent No.5, by an endorsement vide Rc.No.A/272/2025, dated 03.07.2025 (Ex.P5), rejected the permission. The petitioner filed a suit in O.S.No.27 of 2025 on the file of the learned Junior Civil Judge, Singarayakonda, and the same is pending consideration. Respondent No.5 issued a letter dated 23.07.2025 (Ex.P1), alleging that the petitioner has been running the R.O. water plant without permission, and the same was served on the petitioner on 27.07.2025. Thereafter, the respondents 4 & 7 seized the water plant.

4. The writ petition was listed on 07.08.2025. An order of status-quo was granted, and the same is being extended from time to time.

5. A counter-affidavit was filed on behalf of respondent No.6. It was contended, inter alia, that the petitioner filed a fake copy of resolution No.183, dated 13.05.2025, said to have been passed by the Gram Panchayat. The original resolution passed by the Gram Panchayat is Resolution No.190, dated 09.05.2025. The Gram Panchayat neither passed a resolution permitting the petitioner to run the R.O. plant, nor did the petitioner obtain permission from the Gram Panchayat to construct the structure. The house tax receipt filed by the petitioner is in relation to the shed in Sy.No.336, but not the R.O. water plant. The copies of resolution

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