THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.25378 of 2010 Dated 08th October, 2010 Between: Mallella Pullamma …Petitioner And The State of Andhra Pradesh, represented by the District Collector, Kadapa and others …Respondents Counsel for the petitioner: Mr.V.R. Reddy Kovvuri Counsel for respondent Nos.1 and 2: Assistant Government Pleader for Revenue Counsel for respondent Nos.3 to 7:-- The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent No.2 in seizing the bore-well dug by the petitioner in survey No.7/1 of Lingayapalli Village, Vallur Mandal, Y.S.R. District as illegal and arbitrary. I have heard Sri V.R. Reddy Kovvuri, the learned counsel for the petitioner, and the learned Assistant Government Pleader for Revenue representing respondent Nos. 1 and 2. The petitioner has dug a bore-well in the abovementioned survey number, which admittedly turned out to be a Government land classified as burial ground. On coming to know about the said fact, respondent No.2 has seized the bore-well and disconnected the electricity supply to it. In the petitioner’s own pleadings, she has admitted that she dug the bore-well by mistake without knowing that the land belongs to the Government and classified as burial ground. In my opinion, in the absence of any enforceable right in favour of the petitioner, no Mandamus can be issued. However, as the petitioner claims that she has dug the bore-well in the bona fide belief that the property does not belong to the Government, she is permitted to make a representation before respondent No.2 for assigning the portion of the land over which the bore-well was dug on market value. If such a representation is made, respondent No.2 shall consider for grant of assignment if the same is found unobjectionable. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.32419 of 2010 filed by the petitioner for interim relief is disposed as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 08th October, 2010 GHN