WP/2421/2008 of S.RAMANJANEYULU, ANANTAPUR DIST Vs THE M.R.O, ANANTAPUR DIST AND ANOTHER, on 31 December 2019

ORDER:

This writ petition is filed seeking to issue a writ of mandamus to declare the action of the 1[st] respondent in seizing the bore well through proceedings in Rc.No.B/75/06, dated 28-11-2006 as illegal, arbitrary and violative of Articles 14, 21 of the Constitution of India and the provisions of A.P. Water, Land and Trees Act, 2002 and rules made thereunder.

The case of the petitioner is that he is owner of the land an extent of Ac.7.12 cents situated in Survey No.97-B of N. Narasapuram, H/o Nakkannadoddi village, Guntakal Mandal, Ananthapur District and has been in absolute possession and enjoyment of the said land for the last several years. It is stated that based on some vexatious complaints by the inimical persons, the 1[st]respondent passed orders on 29-10-2006 seizing bore well of the petitioner without giving any notice or opportunity to the petitioner, challenging of which, the petitioner filed W.P.No.23132 of 2006 and the said writ petition was disposed of giving liberty to the petitioner to file explanation to the 1[st] respondent within a period of one week and on such explanation being made, the Mandal Revenue Officer shall consider the same and pass appropriate orders. It is further directed that till then no coercive action shall be taken against the petitioner.

This court, on 26-10-2009, granted interim direction permitting the petitioner to reopen the bore well to use water from the bore well.

Learned Government Pleader for Revenue appearing for the respondents stated that against the impugned order, an appeal lies MGR, J

W.P.No.2421 of 2008

to the District Collector and District Level Authority, Ananthapur, and without availing such remedy of appeal, the petitioner approached this court and hence, the writ petition is liable to be dismissed.

Having regard to the facts and circumstances of the case and considering the submissions of the learned Government Pleader, and on perusal of the record, this court found that admittedly, against the impugned order, an appeal lies to the District Collector and District Level Authority, Ananthapur. The petitioner, without availing statutory remedy of appeal, directly approached this court, which is not sustainable in law. However, if the petitioner is given liberty to approach the Appellate Authority against the impugned order, interest of justice would be better sub-served.

Accordingly, the writ petition is disposed of giving liberty to the petitioner to approach the Appellate Authority, i.e. District Collector and District Level Authority, Ananthapur, against the impugned order within a period of 30 days from the date of receipt of a copy of this order. On such appeal being filed, the Appellate Authority may, after giving notices to both the parties, consider the same and pass appropriate orders under the provisions of A.P. Water, Land and Trees Act, 2002. However, the petitioner is also given liberty to make appropriate application before the Appellate Authority seeking grant of interim stay of the impugned order. Till consideration of such application for grant of interim stay by the Appellate Authority, the interim direction granted by this court on 26.10.2009 will continue in operation.

MGR, J

W.P.No.2421 of 2008

As a sequel thereto, miscellaneous petitions, if any, pending shall stand closed.

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M. GANGA RAO, J

Date: 31-12-2019

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HONOURABLE SRI JUSTICE M. GANGA RAO

Writ Petition No.2421 of 2008

31[st] December 2019