IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE NINETEENTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 15274 of 2008 Between: Mididaddi Chandramouli S/o. Mallaiah R/o. Paladugu, Mothukru (M), Nalgonda District. ..... PETITIONER AND 1 The Tahsildar, Mothukur, Mothukur (M), Nalgonda District. 2 Dadipally Prabhakar s/o. Lachaiah R/o. Paladugu, Mothukur (M), Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ order or direction more particularly one in the nature of Writ of Mandmaus declaring the action of the respondent no.1, in not implementing the proceedings no. B/WALTA/2008 dt. 2.5.2008 as being illegal, arbitrary adn contrary to the provisions of the A.P.Walta Act, 2002 and it is also further prayed that direct the respondent No.1, to stop the further digging of the Bore- and well of 2nd respondent with the help of the provisiona of the A.P.WALTA ACt in Sy.No. 489 of Paladugu (V), Mothukur (M), Nalgonda District, and pass such other order or orders as are deem fit and proper in the interest of justice. Counsel for the Petitioner:MR.M.SUBBA REDDY Counsel for the Respondent No.1: GP FOR REVENUE The Court made the following Order: This writ petition is filed questioning the inaction on the part of the first respondent-Tahsildar, Mothukur Mandal, Nalgonda District in not implementing the proceedings in Memo No.B/WALTA/2008 dated 02-05-2008, whereby he directed the second respondent not to dig well or bore well within 200 metres from that of the petitioner’s well. Heard the learned counsel for the petitioner, learned Government Pleader for Revenue and Mr. P.Veera Reddy, learned counsel for the second respondent and at their request, the matter is taken up for final disposal at the admission stage itself. It is the case of the petitioner that he is having agricultural lands in Sy.No.489 of Paladugu village in Mothukur Mandal and he dug an open well 20 years ago by taking finance from the Cooperative Society and also raised a fruit garden in the said lands. While the matters stood thus, the second respondent is digging a bore well without maintaining a minimum distance of 200 yards from his open bore and, therefore, he made a representation to the first respondent, who by order dated 02- 05-2008 directed the second respondent to stop digging of the well. His grievance is that in spite of the directions of the first respondent, the second respondent is continuing to dig the bore well which is effecting his bore and, hence, he filed this writ petition. The second respondent filed a counter affidavit, inter alia, stating that he has dug a bore well in his agricultural land in Sy.No.489 in the year 1990 prior to the A.P. Walta Act, 2002, coming into force and all these years there was no objection from any side and he raised crops with the bore well water. It is stated that in the month of April, 2008 he started widening the work of the well and at that time, the petitioner approached the first respondent and pursuant to the directions in memo dated 02-05-2008, he stopped the widening work. On 08-07-2008 the Mandal Revenue Inspector also visited the spot and conducted panchanama and so far no final orders are passed by the first respondent. In view of the above, since the second respondent has already stopped widening of the well pursuant to the directions of the Tahsildar and enquiry has already commenced, it is submitted by both the learned counsel to dispose of the matter by giving appropriate directions to the first respondent to pass final orders on the representation of the petitioner. Accordingly, the writ petition is disposed of directing the first respondent to dispose of the representation of the petitioner after taking into consideration the report of the Mandal Revenue Inspector submitted by him pursuant to the panchanama stated to have been held on 8.7.2008. No order as to costs. _______________ N.V.RAMANA,J Dt:20-08-2008 usd/msv To 1. The Tahsildar, Mothukur, Mothukur (M), Nalgonda District. 2. Two CCs to GP for Revenue, High Court Buildings, Hyderabad (OUT). 3. TwoCDcopies.