THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.33205 of 2013 Dated:22.01.2014 Between:
Medabalimi Bujji .. Petitioner
And The Government of Andhra Pradesh, Rep., by its Principal Secretary, Revenue Department, Secretariat, Hyderabad
and others .. Respondents
Counsel for the Petitioner : Mr. CH.B.R.P. Sekhar Counsel for Respondent Nos.1 to 4 : AGP for Revenue Counsel for Respondent No.5 : Mr. B. Devanand
The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in interfering with the work of cleaning and deepening of existing borewell situated in R.S.No.25/2 of Jangamgudem Village, Nuzvid Mandal, Krishna District, as illegal and arbitrary.
One Smt. Garikamukku Sita, w/o. Jacob, filed W.P.M.P.No.46716 of 2013 for her impleadment. The averments in the affidavit filed by her and the counter affidavit filed by respondent No.4 would show that there is a serious dispute between the petitioner on the one side and the impleaded respondent on the other on the digging of borewells. The impleaded respondent dug a borewell within a distance of 35 square yards from the existing borewell of the petitioner and obtained electric connection and the said dispute was the subject matter of W.P.No.12168 of 2013, which was disposed of by this Court on 24.04.2013 with liberty to the licencee to initiate appropriate action after issuing show cause notice. Meanwhile, the petitioner approached respondent No.4 for permission to clean and deepen the borewell. As respondent No.4 has not taken any decision on the petitioner’s request and on the contrary when he sought to interfere with the petitioner’s attempt to deepen the bore well, the present writ petition is filed by the petitioner.
In his counter affidavit respondent No.4 inter alia stated that as the petitioner’s existing borewell is situated within 240 square metres from the borewell of the impleaded respondent and the area is declared as over exploited village by the notification issued by the Government on 12.04.2012, no permission for either deepening the borewell or digging a fresh borewell in the existing open well can be granted.
Mr. CH.B.R.P. Sekhar, learned counsel for the petitioner, submitted that though his client wanted to deepen the existing borewell, in view of the stiff resistance being made by the impleaded respondent and the prohibition imposed by the State Government under the Water, Land and Trees Act, 2002, his client is giving up the proposal for deepening the existing borewell sinking a new borewell. He has, however, stated that his client is only removing the deposited earth in the existing open well.
Mr. B. Devanand, learned counsel for the impleaded respondent, has fairly submitted that his client will not have any objection for the said proposal by the petitioner so long as he does not deepen the existing borewell or sink a new borewell in the open well.
In the light of the above submissions of the learned counsel for the parties, the writ petition is disposed of by permitting the petitioner to remove the earth deposited at the bottom of the open well without deepening the existing borewell or sinking a new borewell in the open well. The petitioner shall give notice to respondent No.4 and also to the impleaded respondent i.e., Smt. Garikamukku Sita, w/o. Jacob, before commencing the work and remove the existing earth/silt in the open well without deepening the borewell or sinking a new borewell. If the petitioner violates the above conditions contained in this order, the respondents shall be free to initiate contempt proceedings against him.
As a sequel, W.P.M.P.No.41296 of 2013 is disposed of as infructuous.
C.V. NAGARJUNA REDDY, J.
22.01.2014
KH