HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 23600 OF 2010 DATED 17th December, 2014.
BETWEEN Ranga Venkateswarlu ….Petitioners And The District Collector, Visakhapatnam and ors …Respondents.
HONOURABLE SRI JUSTICE A. RAMALINGESWARA RAO WRIT PETITION No. 23600 OF 2010
ORDER:
Heard learned Counsel for the petitioner and learned Government Pleader for the respondents.
The petitioner is the owner and possessor of the land to an extent of Ac.2.10 cents in Sy.No.126/5 of Chukkalavani Lakshmipuram village, Nakkapalli Mandal, Visakhapatnam District. He dug a bore-well for the purpose of irrigation. There is electricity service connection bearing SC.No.202300099 to the said bore-well. The seventh respondent, who is the neighbour to the land of the petitioner, is the owner of the land to an extent of Ac.3.00n cents in Sy.No.126/6. While so, when he started to dig a bore-well within the distance of 60 meters from the bore-well of the petitioner, the petitioner submitted a representation to the official respondents not to permit him (7th respondent) to dig the bore-well. However, the seventh respondent dug the bore-well. In those circumstances, the petitioner submitted a representation dated 16.11.2009 to the official respondents to take action for closure of the bore-well dug by the seventh respondent and also requested respondents 4 to 6 not to provide electricity supply. The second respondent also recommended respondents 4 to 6 not to give electricity connection to the seventh respondent. Inspite of the same, no action was taken by the respondent authorities. Hence, the petitioner filed the present Writ Petition.
A counter affidavit is filed on behalf of the respondents, wherein it is stated that the seventh respondent was having necessary permission to dig the bore-well from the competent authority. When his application for providing power supply connection was pending consideration, the seventh respondent approached the Mandal Legal Services Committee, which passed an order dated 16.07.2010 observing that there is good yield of water and even if his bore is given connection, no loss would be caused to both parties, and thereby directed the respondent authorities to provide electricity connection to the seventh respondent. In pursuance thereof, the respondents addressed a letter dated 25.08.2010 to the seventh respondent to apply afresh with necessary documents and accordingly the seventh respondent applied on 6.9.2010 along with necessary estimate sanction and thereafter he was intimated for payment with regard to new service connection. In those circumstances, it is stated that the action taken by respondents 4 to 6 cannot be said to be illegal.
It is to be seen that if the petitioner is having any grievance with regard to the permission accorded by the second respondent to the seventh respondent for digging a bore-well within a distance of 60 meters from his bore-well, the petitioner can as well resort for alternative remedy of appeal as provided under the provisions of the A.P. Water, land and Trees Act, 2002. Having regard to the same, this Writ Petition is disposed of giving liberty to the petitioner to prefer an appeal as stated supra, if so advised, before the appropriate Forum against the orders issued by the second respondent sanctioning permission to the seventh respondent for digging a bore well.
Miscellaneous petitions pending consideration if any in the Writ Petition shall stand closed in consequence. No order as to costs.
JUSTICE A. RAMALINGESWARA RAO DATED 17th December, 2014. Msnrx