IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY SIXTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.V.S.RAO WRIT PETITION No.5487 of 2008 Between: Jajula Rama Krishna, S/o.late Mutyala Rao,Hindu, R/o.Rampa Yerrampalem, Gokavaram Mandal, East Godavari District. ..... PETITIONER AND 1 State, Rep by its District Collector, East Godavari District, Kakinada. 2 Revenue Divisiona Officer, Revenue Divisional Officer, Rajahmundry,East Godavari District. 3 The Tahsildar, Tahsildar Office-Gokavaram Taluq, Gokavaram,East Godavari District. 4 Deputy Director, Ground Water Department, Near State Bank of India, Tadithota,Rajahmundry. 5 The Assistant Engineer (Operation) A.P.E.P.D.C.L., Gokavaram, East Godavari District. 6 Ungarala Siva, S/o.Ramu,Hindu, R/o.Rampa Yerrapalem, Gokavaram Taluq, East Godavari District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue WRIT OF MANDAMUS or any other appropriate WRIT, ORDER OR DIRECTION directing the respondents 1 to 5 to stop and remove the fresh ground water bore of the 6th respondent at S.No.899 of G.Kothapalli of Gokavaram Mandal of East Godavari District as it is violative and principles of Law. Counsel for the Petitioner:MR.CHANDRA SEKHAR ILAPAKURTI Counsel for the Respondents 1 to 4: GP FOR REVENUE Counsel for the Respondent No.5: MR.O.MANOHAR REDDY Counsel for the Respondent No.6: MR. The Court made the following: THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.5487 OF 2008 ORDER: Petitioner is resident of Rampa Yerrampalem village of Gokavaram Mandal in East Godavari District. Statedly he and his brothers are owners of wetland admeasuring Acs.4.98 in survey No.899 of G.Kothapalli-I village. He alleges that after they dug a ground water bore-well fitted with 5 HP motor for agricultural purpose, sixth respondent, who is owner of adjacent land admeasuring Acs.2.00 in survey No.899, commenced digging bore-well within a prohibited distance contrary to the provisions of Water Land and Trees Act, 2002 (the Act, for brevity). Aggrieved by the same, petitioner filed objection petition on 27.2.2008 before third respondent. According to petitioner, the same was sent to Village Revenue Officer, in vain. Therefore he filed instant writ petition. After getting instructions, learned Assistant Government Pleader for Revenue (General-Andhra Area) submits that petitioner has not submitted any application to third respondent prior to approaching this Court. Therefore, liberty is given to petitioner to make application to third respondent for proper enquiry. As and when such application is filed, immediately, third respondent may conduct enquiry into allegations made by petitioner as to whether digging of bore-well by sixth respondent in his own land contravenes provisions of the Act. If it is found that digging a bore-well by sixth respondent is contrary to law, appropriate action may be taken against sixth respondent, after giving notice to him. The writ petition is accordingly disposed of. No costs. ____________ (V.V.S.RAO,J) November 26, 2008 YS To 1 District Collector, East Godavari District, Kakinada. 2 Revenue Divisiona Officer, Revenue Divisional Officer, Rajahmundry,East Godavari District. 3 The Tahsildar, Tahsildar Office-Gokavaram Taluq, Gokavaram,East Godavari District. 4 Deputy Director, Ground Water Department, Near State Bank of India, Tadithota,Rajahmundry. 5 The Assistant Engineer(Operation) A.P.E.P.D.C.L., Gokavaram, East Godavari District. 6. Two CCs to Government Pleader for Revenue, High Court Buildings, Hyderabad. (OUT) 7. Two C.D. Copies.