Telangana High Court
WP/20482/2002 of Nallapu Shankaraiah Vs Govt of A.P., on 24 December 2008
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20482 of 2002 Between: 1 Nallapu Shankaraiah S/o Malliah Kothapalli Hamlet
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE L.NARASIMHA REDDYWRIT PETITION NO : 20482 of 2002
Between:
1 Nallapu Shankaraiah S/o Malliah
Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist. 2 B.Indresena Reddy S/o Thirupathi Reddy Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
3 A.Mallaiah S/o Anjaiah Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
4 A.Hilaiah S/o Lachaiah Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
5 N.Ravi S/o Rajamulu
Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
6 N.Veeraiah S/o Buchaiah Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
7 A. Bhoomaiah S/o Lagmaiah Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
8 A. Beeraiah S/o Lagmaiah
Kothapalli Hamlet of Sarvapur Village, Mallial Mandal, Karimnagar Dist.
..... PETITIONER(S)
AND
1 Govt of A.P., rep by its Dist Collector, Karimnagar Dist.
2 Superintending Engineer Rural Water Supply, Opp Collector's Complex, Karimnagar Dist.
3 Dy.Executive Engineer Rural Water Supply Sub-Division, Malliah Mandal & Post, Karimnagar Dist.
4 MRO.,
Mallial Mandal, Karimnagar Dist.
.....RESPONDENT(S)
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court will bepleased to to issue an order direction or writ particularly one in the nature ofwrit of mandamus declaring the action of the respondnets in not implementingthe act 7 of 1996 A.P., Ground Water (Regulation for drinking water purpose)act 1996 as illegal, & arbitrary & consequential direct the respondnetsrestraining the villageof Balwanthapur Village, mallial Mandal, Karimnagardist from digging borewwell in violation of act 7 of 96
Counsel for the Petitioner:MR.G.VIDYASAGAR
Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREADEV.
The Court made the following :
THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY
W.P.No. 20482 of 2002
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ORDER:
The petitioners are residents of Kothapalli Hamlet of Sarvapur Village,Mallial Mandal, Karimnagar District. It is stated that the ground water levelsi n Kothapalli village have gone down substantially. The village abutsBalwanthapur. The grievance of the petitioners is that the villagers ofBalwanthapur have been digging bore wells along the border of the villagesand the same has resulted in further depletion of the water table. Thepetitioners state that the respondents have not taken any steps to implementthe provisions of the Andhra Pradesh Ground Water (Regulation for DrinkingWater Purposes) Act, 1996 (for short ‘the Act’).
The respondents have not filed any counter affidavit.
Heard the learned counsel for the petitioners and the learnedGovernment Pleader for Irrigation.
The petitioners do not seek any individual benefit for themselves. Theirgrievance is about the non-implementation of the Act by the respondents. Thevery purpose of enactment of the Act was to ensure that indiscriminatedigging of bore wells is prevented and the water table in the areas concerned is protected. While admitting the writ petition, this court passed an interimorder directing the respondents to ensure that no bore well is dug in theboundary of Kothapalli hamlet of Servapur and Balwanthapur villages. Theinterim orders are in force and the final relief deserves to be granted in termsthereof.
Conclusion
Hence, the writ petition is allowed and the respondents are directed toimplement the provisions of the Act in the context of digging of bore wells inthe boundary between the revenue villages of Sarvapur and Balwanthapur.There shall be no order as to costs.
____________________
L.NARASIMHA REDDY,J
24.12.2008Stp