Telangana High Court
WP/24789/2004 of T.H. Chakrapani S/o T.H. Krishna Murthy Vs The District Collector, Anantapur on 30 December 2004
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTIETH DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE Mr. JUSTICE N.V. RAMANA WRIT PETITION No. 24789 of 2004 Between: 1 T.H. Chakrapani S/o T.H. Krishna Murthy R/o M. Yerraballi, H/o
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
THURSDAY, THE THIRTIETH DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE Mr. JUSTICE N.V. RAMANA
WRIT PETITION No. 24789 of 2004
Between:
1 T.H. Chakrapani S/o T.H. Krishna Murthy R/o M. Yerraballi, H/o Thagedukunta Village, O.D. Cheruvu Mandal, Anantapur District 2 T.H. Santath Kumar S/o Krishna Murthy R/o M. Yerraballi, H/o Thagedukunta Village, O.D. Cheruvu Mandal, Anantapur District
..... PETITIONERS
AND
1 The District Collector, Anantapur
2 The Revenue Divisional Officer, Penukonda, Anantapur District 3 The Mandal Revenue Officer, O.D. Cheruvu Anantapur District
.....RESPONDENTS
Petition under Article 226 of the Constitution of India praying that in thecircumstances stated in the affidavit filed herein the High Court will be pleased toissue an order, Writ or direction more particularly in the nature of Writ of MandamusUnder Article 226 of the Constitution of India declaring the proceedings of the 3rdrespondent in RC. 225/2004/B dt 02-10-2004 directing the M.D. RESCO., Kadri(West) Not to release electricity supply to the bore well of the petitioners as illegal,arbitrary without jurisdiction and against the principles of natural justice and theprovisions of A.P. Water and land Trees Act, 2002 and rules made thereunder andconsequently set a side the proceedings.Counsel for the Petitioner : Mr.P.NARAHARI BABUCounsel for Respondents : G.P. FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
The petitioner claims to be owner of land admeasuring Ac.3-00 cents in Paimash No.6 of M.Yerraballi, Thagedukunta village, O.D.CheruvuMandal, Anantapur district and cultivating the same. It is also stated that thepetitioner has dug a bore well in the year 1996 and using the bore water forcultivation and due to depletion of water source in the said bore, the petitioner statedto have dug another bore and approached the Additional Assistant Engineer, Kadri(West) for shifting the electricity connection from old bore to new bore well. Thepetitioner alleges that on complaints made by certain rival persons, the thirdrespondent has issued proceedings dated 2-10-2004 not to give electricity supply tothe new bore well. As against such order, the petitioner approached secondrespondent and filed representation 12-10-2004 , who in turn stated to have directed the third respondent to take properaction in the matter. Pursuant thereafter, the third respondent obtained a report fromthe Deputy Executive Engineer dated 20-10-2004, wherein it is stated that there isno drinking water problem to the subject village. The grievance of the petitioner isthat in spite of receipt of such a report, the respondents are not taking further actionin the matter.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed for disposal of the writ petition at the admissionstage.
Having regard to the facts and circumstances of the case, the second respondent isdirected pass appropriate action on the representation of the petitioner dated 12-10-2004 and after taking into consideration the report of the Deputy Executive Engineer,RWS Sub Division-II dated 20-10-2004, pass appropriate orders in accordance withlaw expeditiously, preferably within a period of four weeks time.
Subject to above observation, the writ petition is disposed of. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
To
1 The District Collector, Anantapur
2 The Revenue Divisional Officer, Penukonda, Anantapur District 3 The Mandal Revenue Officer, O.D. Cheruvu Anantapur District 4 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad.
5 Two CD copies.