THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.816 of 2003 ORAL ORDER: This writ petition is filed seeking a Mandamus declaring the action of the respondents 1 to 4 in not considering the representation submitted by the petitioners on 2.1.2003 requesting to stop excavation of new well by fifth respondent adjacent to the existing community irrigation well of the petitioners in Survey No.156 situated at Gagilapoor village, Bejjanki mandal, Karimnagar district as illegal and arbitrary and consequently direct the respondents to stop the excavation of the said well immediately. The petitioners claim to be owners of various extents of lands in Survey Nos.165/A, 162/E, 163/B, 249, 250, 166/A, 162/G, 162/F and 162 of Gagilapoor village, Bejjanki mandal, Karimnagar district. According to the petitioners, the Government has sanctioned community irrigation well in their favour during the year 1985 and accordingly, they dug the well adjoining the river at the point shown by the Department in S.No.156 to a depth of 12 yards and laid cement rings. They also obtained electricity service connection bearing No.GLP-207 in 1985 and installed pumpsets and were irrigating the lands. While so, the fifth respondent by employing labour started digging of open well on 5.1.2003 at a distance of 3 yards from their well. Digging of well or bore well in very close vicinity to the existing well is against the provisions of A.P. (Telangana Area) Irrigation Act, 1357 Fasli. That apart, the person intending to dig a open well or bore well has to necessarily obtain written report from the ground water department with regard to availability of water as there will be diminution of water level in the existing well, but no such opinion was sought. The petitioners made a representation to the authorities in this regard, but the same was not considered. Hence the writ petition. A detailed counter affidavit has been filed by the fourth respondent asserting that the villagers of Gagillapur were suffering from acute drinking water shortage and as such the Gram Panchayat by resolution dated 14.12.2002 decided that a well should be excavated to provide succor to the people of the village and in this connection, a representation was made to the District Collector and pursuant to the same, sanction was accorded to excavate an open public drinking water well by the Project Director, District Water Management Authority for an amount of Rs.1,00,000/- under Food for Work Programme. The Geologist of the Panchayat Raj Department (Rural Water Scheme) identified the point of excavating the well in Government Banjaru land in Survey No.156 of Gagillapur village. It is further stated that the existing open well which had been unauthorisedly excavated by private persons in Government land in Survey No.156 is not an irrigation work as defined under Section 3(a) (1) of the A.P. (Telangana Area) Irrigation Act, 1357 Fasli and as such the contention of the petitioner that the provisions of Section 43 of the said Act have been violated is without any basis. Further it is asserted that the petitioners have not obtained any permission for digging an open well in Survey No.56. The land in Survey No.56 is a Government banjar land and therefore, the petitioners have no right whatsoever to dig a well in the said land without there being any written permission from the Government. The Sarpanch of the village who is the fifth respondent, has also filed a separate counter reiterating the stand taken by the fourth respondent and further stated that in view of acute drinking water shortage in the village, he made a representation and on his representation the project was taken up and completed. In view of the above, nothing survives for adjudication in the writ petition. Therefore, the writ petition is dismissed as having become infructuous. No order as to costs. _____________ C.V.RAMULU, J Date: 22.11.2006 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.816 of 2003 22.11.2006 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.816 of 2003 Date: 22nd November, 2006 Between: Toomula Vodaiah & others. .. Petitioner And The Executive Engineer, Rural Water Supply, Mankammathota, Karimnagarand others. .. Respondents