THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1517 of 2008 August 27, 2010 Between: P.Padmamma, W/o.late P.Venkat Reddy … Petitioners And The District Collector, Ranga Reddy District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1517 of 2008 ORDER: The petitioner is resident of Ootpally Village of Doma Mandal in Ranga Reddy District. She is statedly a small farmer owning Acs.1.11 guntas in S.No.117 and Acs.2.20 guntas in S.No.115/3 of Ootpally Village. She dug a bore well in S.No.117. She filed instant writ petition making the following allegations. On 10.2.2007, husband of sixth respondent along with his brothers commenced digging bore well at a distance of seven yards from the existing bore well of the petitioner. The petitioner then approached the second respondent with a complaint. The Mandal Revenue Officer (now, Tahsildar) issued orders on 13.2.2007 not take any further steps. In spite of the same, on 14.12.2007, husband of sixth respondent fixed motor to the bore well in S.No.115. The petitioner gave another complaint. Pursuant thereto, second respondent conducted detailed enquiry and submitted a report on 24.12.2007 inter alia stating that the bore well was dug by sixth respondent at a distance of seven yards from the petitioner’s bore well illegally without obtaining permission from Andhra Pradesh Water, Land & Trees Act, 2002 (WALTA). When no further action is taken, petitioner filed the instant writ petition seeking a writ of Mandamus directing the respondents 1 to 5 to take necessary action against sixth respondent. The second respondent filed counter affidavit. Digging of bore well in S.No.115, the enquiry made into the matter on the complaint of petitioner and notice/order issued by the Tahsildar are admitted. It is however submitted that sixth respondent donated the land to Gram Panchayat, Ootpally, for digging bore well and installing the motor for the purpose of providing drinking water to the people of Ootpally Thanda. When the same was brought to the notice of Special Grade Deputy Collector and Revenue Divisional Officer, Chevella (RDO), by proceedings dated 02.2.2008 he permitted the Gram Panchayat to utilize the bore well dug by the Gram Panchayat in S.No.115, for one or two hours in a day. He also directed the Executive Engineer (RWS) to explore the possibilities of providing alternate bore well in S.No.115/15A. In obedience thereto, second respondent addressed the Deputy Executive Engineer (RWS), Pargi, to show a point at Nalla Kunta tabk bed for drilling a bore well. When the matters are pending, present writ petition is filed. The Counsel for petitioner submits that even if the bore well is dug by the Gram Panchayat in S.No.115, the same is illegal as it is in prohibited distance under the provisions of Section 10 of WALTA. Nextly he contends that sixth respondent or Gram Panchayat had not obtained any permission from the second respondent and, therefore, the bore well has to be removed. These contentions are refuted by the Assistant Government Pleader for Revenue (Telangana Area). The scheme of WALTA is not total prohibition of digging of bore wells by the owners The writ petition is, therefore, dismissed for default/non prosecution. ________________ (V.V.S. RAO, J) August 27, 2010 YS