THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4869 of 2010 03.3.2010 Between Golla Ammanna, S/o.Chandrappa … Petitioner AND The District Collector, Mahabubnagar District And others … Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4869 of 2010 ORDER: The petitioner is resident of Udumulagidda village of Damargidda Mandal in Mahabubnagar District. He is owner of agricultural land admeasuring Acs.1.20 gts., in survey No.36 of the said village. He spent about Rs.1,00,000/- and dug a bore-well in March 2009. He also obtained electricity service connection No.96 for cultivating the land. He raised paddy crop, which is likely to be harvested in another 6 to 8 weeks of time. It is his case that one Ayyapu Reddy made a complaint to third respondent, based on which an enquiry was conducted and third respondent issued memo bearing No.B/1435/2009, dated 16.2.2010, directing petitioner to close the bore-well in survey No.36 on an allegation that permission was not obtained under Andhra Pradesh Water, Land and Trees Act, 2002 (the Act). Aggrieved by the same, present writ petition is filed, seeking invalidation of the memo issued by third respondent. The petitioner contends that Damargidda Mandal is not notified under the provisions of Section 11 of the Act prohibiting digging of bore-wells within the prohibited area. Secondly, it is submitted that third respondent has no jurisdiction to pass such an order, when there is no prohibition for digging bore-well. Per contra, learned Assistant Government Pleader for Revenue General (Telangana Area) submits that under Section 33 of the Act, petitioner has remedy by way of appeal to jurisdictional Collector, which is not availed by him. Even according to the petitioner, at the instance of neighbour, Ayyapu Reddy, some enquiry was conducted before passing the impugned order. There is a dispute with regard to applicability or otherwise of the Act to the area. Therefore, it would be in the interest of petitioner himself to prefer an appeal before the District Collector, Mahabubnagar District. A week’s time is granted to petitioner to prefer appeal. As and when such appeal is filed, the District Collector shall dispose of the same within a period of six weeks thereafter. Petitioner states that the paddy crop is standing on the land and if bore-well is closed at this stage, crop will be lost. Therefore, there shall be status quo for a period of eight weeks from today. The writ petition, with the above observations, is accordingly disposed of. _____________ March 03, 2010. (V.V.S.RAO,J) NOTE: Dispatch order copy by WIRE at party’s costs. (By order) YS