THE HON'BLE SRI JUSTICE N.V. RAMANA Writ Petition No.3825 of 2003 ORDER: In this writ petition, the petitioner seeks a mandamus to declare the action of the respondent in trying to close the pump by disconnecting power supply, and in seizing the bore well pump set with electricity connection service bearing No. 78 and other equipments etc., installed in Survey No. 582/8/7 and Survey No. 633/S situated at Pasunoor Village, Nampally Mandal, Nalgonda District as illegal and arbitrary. He also sought for a consequential direction to the respondent not to close the pump and disconnect power supply. Petitioner claims to be the absolute owner and possessor of land in an extent of 0.05 guntas in Survey No. 576/ /8, 0.05 guntas in Survey No.581/ /7, 0.03 guntas in Survey No. 582/ /4, 0.07 guntas in Survey No. 582/ /7 and Acs. 5.15 guntas in Survey No.633/ , situated at Pasunoor Village, Nampally Mandal, Nalgonda District. Petitioner states that he has dug a bore well and erected a submersible pump set in Survey No. 582/ /7 and started cultivating the land. While so, on 28.2.2003, the respondent came to his land and directed the petitioner to close down the bore well and remove the pump set within 2 to 3 days, failing which, he threatened that he would seize the pump set and disconnect the power supply. Hence, the petitioner filed the present writ petition. This Court while admitting the writ petition on 4.3.2003 has granted interim direction to the respondent not to close down the bore well or remove service connection to the bore well in respect of the lands in question. A counter affidavit is filed by the respondent stating that the land in Survey No. 590 of Pasnoor Village, Nampally Mandal, Nalgonda District is a Government land, classified as ‘poramboke charai’ and the petitioner encroached upon a portion of the said land and unauthorisedly dug a bore well in February, 2003. He also denied the contention of the petitioner that the bore well was dug in Survey Nos. 582/A/7 and 633/A and contended that the petitioner had dug the bore well in the Government land situated in Survey No.590. In para-5 of the counter, the respondent has categorically stated that steps are being taken by him for initiation of proceedings against the petitioner under the provisions of A.P. Land Encroachment Act, 1905 and they would remove the encroachments after following the due process of law. In view of the averments made by the respondent in the counter affidavit, the writ petition is closed granting liberty to the respondent to remove the encroachments made by the petitioners by following the due process of law. No costs. ___________________ N.V. RAMANA, J. Date:26.8.2010 pnb