HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.9231 of 2004 Date: 25.11.2014 Between:
P. Sanjeeva Reddy … Petitioner And The Mandal Revenue Officer, Guntakal Mandal Ananthapur District … Respondent * * * HON’BLE SRI JUSTICE SANJAY KUMAR Writ Petition No.9231 of 2004 ORDER:
This writ petition was filed assailing the action of the Mandal Revenue Officer, Guntakal, in seeking to interfere with the petitioner’s bore well situated in Sy.No.358 of Nagasamudram Village, Guntakal Mandal, Ananthapur district.
2. The specific case of the petitioner is that without issuing any notice to him and without conducting any enquiry under the provisions of the A.P. Water, Land and Trees Act, 2002, the Mandal Revenue Officer, Guntakal, was trying to interfere with his bore well.
3. This Court, by order dated 25.05.2004, directed status-quo obtaining as on that date to be maintained. This order was extended thereafter on 01.06.2000 for a period of two months. Despite the fact that no extension was granted after the said date, Sri N. Ranga Reddy, learned counsel for the petitioner, states that the respondent-Mandal Revenue Officer, has not interfered with his client’s bore well thereafter.
4. No counter-affidavit has been filed despite passing of over a decade.
5. As the dispute falls within a short compass, the writ petition is amenable to disposal even without a counter-affidavit. Under the provisions of the A.P. Water, Land and Trees Act, 2002, the authorities are entitled to take action against any illegal operation of a bore well, but they must necessarily do so in accordance with the procedure prescribed therein. As the averment of the petitioner is that the said procedure has been ignored in his case, and the same has not been rebutted, the writ petition is disposed of leaving it open to the Mandal Revenue Officer, Guntakal Mandal, Anantapur District, to initiate action, if warranted, strictly in accordance with the procedure prescribed under the A.P. Water, Land and Trees Act, 2002, against the petitioner’s bore well and take necessary action thereupon in accordance with law. Pending miscellaneous petitions, if any, shall stand closed. No order as to costs.
SANJAY KUMAR, J
Date: 25.11.2014 BSS HON’BLE SRI JUSTICE SANJAY KUMAR 28 Writ Petition No.9231 of 2004 Date: 25.11.2014 BSS