HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10804 OF 2014 Date:15.04.2014 Between:
Smt. B. Ramakrishnamma .. Petitioner And The District Collector & Magistrate, Anantapur, Anantapur District and others .. Respondents HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR WRIT PETITION No.10804 OF 2014 ORDER:
Heard learned counsel for the petitioner and learned Government Pleader for Revenue.
The grievance of the petitioner in the writ petition is that the Tahsildar, Kanaganipalli Mandal, Anantapur District – the 2nd respondent has seized the bore-well of the petitioner situated in Survey No.873/2 of Kondapalli Village, H/o.Tumucherla, Kanaganapalli Mandal, Anantapur District, without issuing any notice to her. Since the allegation of violation of natural justice and Section 15 of the Andhra Pradesh Water, Land and Trees Act, 2002 (for short, ‘the WALTA Act’) are alleged, learned Government Pleader for Revenue was required to get instructions in the matter.
Now, learned Government Pleader, on instructions, submits that action against the petitioner’s bore-well was taken as it was not within the minimum distance from the exiting bore-well of the 3rd respondent. However, to the extent of compliance of Section 15 of the WALTA Act is concerned, learned Government Pleader fairly states that the petitioner was not given any notice before taking the action. It is evident that on the basis of a complaint, dated 22.05.2013, to the Deputy Director, Ground Water Department, Anantapur, the 2nd respondent has taken action and seized the petitioner’s bore-well without notice to her. Section 15 of the WALTA Act requires to be complied with before taking any action by the 2nd respondent. On that short ground, the action of seizure of the petitioner’s bore-well cannot be sustained.
Accordingly, the seizure of the petitioner’s bore-well is directed to be lifted. However, this will not preclude the 2nd respondent from issuing appropriate notice to the petitioner, the 3rd respondent and any other cultivator affected, and after hearing them, the 2nd respondent shall pass appropriate orders, duly following Section 15 of the WALTA Act. There shall be no order as to costs.
The miscellaneous petitions, if any, filed in this writ petition shall stand closed.
VILAS V. AFZULPURKAR, J
15.04.2014 KH