THE HON’BLE SRI JUSTICE C.V. RAMULU W.P. No. 3224 of 2005 O R D E R: This writ petition is filed seeking a Mandamus declaring the action of 1st respondent in issuing the orders in Proceedings Rc.No.B/291/2005 dated 16.2.2005 to seize the Borewell of the petitioner, situated in S.No.272-3, Bommeparthy village, Ratadu mandal, Ananthapur District as arbitrary, illegal and violative of principles of natural justice. According to petitioner, he is the owner, possessor and enjoyer of dry land over an extent of Ac.1-79 cents, situated in S.No.272-3 of Bommeparthy village, Ratadu Mandal of Anantapur District. He has dug a borewell for the purpose of cultivation four years back i.e. prior to commencement of the A.P. Water, Land and Trees Act, 2002, and has also obtained electricity connection. While that being so, the 1st respondent – Mandal Revenue Officer issued impugned proceedings asking 2nd respondent to seize the borewell of the petitioner, on the ground that 3rd respondent made a complaint saying that the borewell was dug within 250 metres from the borewell of 3rd respondent, located in his fields. There is no necessity of going into all the details. Admittedly, no notice of any kind was issued by 1st respondent – M.R.O. before passing the impugned order. Therefore, the order passed by the 1st respondent dated 16.2.2005 is in gross violation of principles of natural justice and liable to be set aside and it is accordingly set aside. Petitioner may raise all the objections as available under the law if notice is given by 1st respondent under the Act and, on hearing all the concerned, 1st respondent may pass appropriate orders, as per law. The writ petition is disposed of accordingly. No order as to costs. JUSTICE C.V. RAMULU. Date: 20-12-2010. MVB.