THE HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.18641 of 2010 ORDER: Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue appearing for the respondents. In this writ petition, petitioner has questioned the action of the respondents in seizing her bore well by issuing a memo bearing No.F/6720/2010, dated 16.07.2010 to her husband, as illegal and unauthorized. The petitioner claims that she is in possession of the land admeasuring Acs.4.00 cents covered by Survey Nos.71 and 72/EE of Bogaram Village, Ramannapet Mandal, Nalgonda District. It is her case that on the complaint of the third respondent to the effect that she dug a bore well within the prohibited distance from his bore well, the second respondent – Tahsildar, Ramannapet Mandal, Nalgonda District, invoked the jurisdiction of the Andhra Pradesh Water, Land and Trees Act, 2002 (for short ‘the Act’) and seized the bore well on 15.07.2010 itself and subsequently, issued the impugned memo. A perusal of the impugned memo indicates that on the complaint filed by the third respondent, it appears, a preliminary enquiry was conducted by deputing the Mandal Revenue Inspector and based on his report, proceedings were initiated under the Act and the petitioner was asked to explain why the bore well dug by him shall not be closed and if he fails to submit his explanation, action would be taken in accordance with the provisions of the Act. Very memo, dated 16.07.2010 is in the nature of a show cause notice. No orders were passed under the provisions of the Act. Even before appropriate final orders are passed, there is no power for the authorities for closure of the bore well. As no final orders were passed with regard to the subject bore well, I dispose of the writ petition permitting the petitioner to file explanation within a period of two (2) weeks from today and keeping open to the second respondent to pass appropriate final orders after considering the explanation to be filed by the petitioner. It is directed that the petitioner shall be allowed to operate the bore well till appropriate final orders are passed by the authority. No order as to costs. ______________________ R.SUBHASH REDDY, J 2nd AUGUST, 2010. Note: issue c.c. in two (2) days. kvni