HON’BLE SRI JUSTICE S.V.BHATT Writ Petition No. 25189 of 2010 Date: 05.06.2014 Between:
C.Ramachandra Reddy …Petitioner And The Tahsildar, Ananthapur District and 2 others.
HON’BLE SRI JUSTICE S.V.BHATT …Respondents Writ Petition No. 25189 of 2010 O R D E R:
The petitioners complain inaction against the 1st respondent in taking action against respondents 2 and 3 under the provisions of A.P.Water, Land and Tree Act, 2002 (for short ‘the Act’). The grievance of the petitioners is that in Sy.No.360/11 of Mangalamadaka Village, Mudigubba Mandal, Anatapur District, the respondents 2 and 3, by violating the provisions of the Act, have dug a bore well and are using the water and illegal drawing of water is causing hardship and deprivation of the rights protected in favour of the petitioners.
The 1st respondent filed counter affidavit, inter alia, denying that there is inaction in the matter and on the other hand, the 1st respondent, after following the procedure stipulated by the Act, ordered disconnection of power supply of bore well in Sy.No.360/11 of Mangalamadaka Village and respondents 2 and 3 filed W.P.No.4765 of 2009, notice was issued and an order was also passed on 30.10.2010.
From the stand taken by the 1st respondent, it is clear that the total inaction complained by the petitioners is in-correct, but the complaint of the petitioners that the 1st respondent failed to take action in accordance with law to prevent unauthorised use of bore well, is still subsisting for final order/execution of order is not done.
From the material available on record, it is clear that action was initiated and it is required to be completed by 1st respondent. The 1st respondent is directed to complete the proceedings pending in RCA No.144 of 2008 within a period of two months from the date of receipt of a copy of this order. The respondents 2 and 3, if so advised, are given liberty to submit representation within a period of two weeks from today.
Writ petition is, accordingly, disposed of. No order as to costs.
Consequently, miscellaneous petitions, if any, pending in the Writ Petition shall stand closed.
S.V.Bhatt,J Date: 05.06.2014 KLP