THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN WRIT PETITION Nos.23986 AND 25239 OF 2011 ORDER: Petitioners, in both these Writ Petitions numbering twenty three, have invoked the jurisdiction of this Court seeking a mandamus to declare the action of the respondents in threatening to seize the bore-wells dug by them, without passing any orders pursuant to their explanation dated 17.08.2011, as being illegal and arbitrary. It is their case that they dug bore wells on their lands, and have already raised crops for which water from these bore-wells is the source of irrigation; and the 3rd respondent has threatened to seize the bore-wells without passing any orders pursuant to their explanation dated 17.08.2011. Learned Government Pleader for Revenue (Andhra and Rayalaseema Area), on instructions, submits that the petitioners had dug bore-wells on tank bed lands, and not on their own lands; no permission had either been sought or granted by the competent authority for digging such bore wells; and, while a few of them, have raised standing crops on the land, most of the areas on which the petitioners have encroached upon are Government lands. On being asked whether the bore-wells dug by the petitioners were on lands belong to the Government, Sri P. Kasi Nageswararao, Learned Counsel for the petitioner, would fairly state that it was, indeed, the case; and absence of any irrigation source necessitated such bore-wells being dug to enable the petitioners herein to eke out their livelihood by growing crops on adjacent lands. Not only have the provisions of the WALTA Act, and the Rules made thereunder, been violated by the petitioners in digging the borewells, but the petitioners have also compounded their illegal acts by digging such borewells on tank bed lands. I see no reason, therefore, to injunct the respondents from taking action to seize the borewells, and in ensuring that tank bed lands are not misutilised to serve the individual interests of those who have encroached on government lands adjacent to the tank bed. As some of the petitioners have, admittedly, raised crops on certain extent of lands which they have encroached upon the 3rd respondent is directed forthwith identify such of those petitioners who have already commenced cultivation; the extent of land where there is a standing crop; and desist from taking coercive action for seizure/closure of the borewells till the said standing crop is harvested. It is made clear that, where no standing crop exists, the 3rd respondent can proceed to seize/close the bore wells as also to ensure that no agricultural operations are commenced on lands belonging to the Government. Subject to the above observations, both the Writ Petitions stand disposed of. DATE: 14.09.2011 RAMESH RANGANATHAN,J MRKR