THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 2695 OF 2014 Date of Judgment: 16.6.2014 Between:
M. Narayana Rao …Petitioner And The District Collector, West Godavari district and others ..Respondents THE HON’BLE SRI JUSTICE VILAS V. AFZULPURKAR W.P. NO. 2695 OF 2014 ORDER:
Heard learned counsel for the parties.
The petitioner, who is aggrieved by the inaction of the fourth respondent in not considering his application dated 2.1.2014 seeking permission to dig a bore well in land admeasuring 0-23 cents in R.S.No. 416/6 situated at Koppulavarigudem village, Pedavegi Mandal, West Godavari district, has filed this writ petition.
The petitioner submits that under G.O.Ms.No. 1, Panchayat Raj and Rural Development (R.D.III), dated 10.1.2012 the Government notified over-exploited villages and imposed ban on digging of wells under the provisions of the Andhra Pradesh Water, Land Trees Act, 2002 and according to the petitioner, his village is not in the list of banned villages and therefore, the aforesaid Act is not applicable. Even then, he sought permission of the fourth respondent for digging a bore well by filing an application dated 2.1.2014, but no orders were passed thereon.
Learned Government Pleader for Revenue submits that if the petitioner filed an application for permission to dig a bore well, irrespective of the fact that the petitioner’s village is notified or not, the fourth respondent will examine the matter and pass appropriate orders.
In view of the above, the writ petition is disposed of directing the fourth respondent to consider the petitioner’s application and pass appropriate orders in accordance with law within four weeks from the date of receipt of a copy of this order.
Miscellaneous applications, if any, shall stand closed. No order as to costs.
VILAS V. AFZULPURKAR, J Dt. 16.6.2014 KR