Telangana High Court
WP/24869/2004 of Smt.Nanduri Kalavathi Vs TheDistrict Collector, Khammam 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. 24869 of 2004 Between: 1 Smt.Nanduri Kalavathi W/o Veeraiah resident of Nacharam Village ,
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
Between:
WRIT PETITION No. 24869 of 2004
1 Smt.Nanduri Kalavathi W/o Veeraiah
resident of Nacharam Village , Enukuru Mandal, Khamman District.
2 Nanduri Veeraiah S/o Bhadraiah
resident of Nacharam Village , Enukuru Mandal, Khamman District.
..... PETITIONERS
AND
1 The District Collector, Khammam.
2 The Mandal Revenue officer Enukuru, Khammam 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 a writ, order or a direction, more particularly one in the nature of Writ ofMandamus directing the respondent to pay the compensation U/s 16 of the AP.Water Land and Trees Act, 2002 in the erect of seizing the bore well and motor inthe petitioner's premises bearing no.1-70, Nacharam Village , Enukuru MandalKhammam district as per the order /notice in Rc.No.B/1459/2002 dt. 10/11/2004passed by the Mandal Revenue Officer Enukuru Mandal, Khammam district.
Counsel for the Petitioner: Mr.R.KAMESWAR RAO
Counsel for Respondents : G.P. FOR REVENUE
The Court at the stage of admission made the following :
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ORDER:
The petitioners claim that they are owners of house bearing No. 1-70, Nacharam village and about five years back, they stated to have dug abore well therein. It is also stated that a public bore well also exist at a distance ofabout 10 to 15 meters, which was dug about 10 years back by the Gram Panchayat.While so, the Mandal Revenue Officer, Enkoor issued a notice dated 10-11-2004stating that the petitioner is issuing water for agriculture by fixing a submergiblemotor to the bore situate at a distance of about 10 meters from the public drinkingwater bore well, causing decrease in water level in public bore well and directing thepetitioner to remove the submergible motor within two days. The petitioner stated tohave submitted an explanation on 16-11-2004 requesting the second respondent topermit him to use the bore water for about four months to save the standing crop.The grievance of the petitioner is that without passing any final orders consideringhis explanation, the respondent authorities are trying to remove the submergiblemotor, hence the present writ petition.
Heard the learned counsel for petitioner and learned Government Pleader forRevenue. Both counsel agreed for disposal of the writ petition at the admissionstage.
As per section 12 of the Andhra Pradesh Water, Land and Trees Act, 2002, therespondent authorities are empowered to take such steps to protect the groundwater/drinking water source. However, since the petitioner has stated to have submitted his explanation to the notice dated 10-11-2004, the authorities canconsider the same and pass appropriate final orders. Hence, the writ petition isdisposed of directing the second respondent to consider the explanation submittedby the petitioner on 16-11-2004 and pass final orders in accordance with law,expeditiously. Till such time, the submersible motor fixed to the bore well of thepetitioner should not be removed. No costs.
Date: 30.12.2004
_____________
N.V.RAMANA, J
TVK/DA
To
1 The District Collector, Khammam.
2 The Mandal Revenue officer Enukuru, Khammam District.
3 Two CCs to the G.P. for Revenue, High Court Buildings, Hyderabad (OUT).
4 Two CD copies.