IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF FEBRUARY TWO THOUSAND AND TEN PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 22143 OF 2009 Between: Telugu Peddaiah ..... PETITIONER AND The Panchayath Secretary, Pulakurthy village, Kodumur village, Kurnool District and others .....RESPONDENTS Counsel for the Petitioner: Counsel for the Respondents: The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No. 22143 of 2009 ORDER : This writ petition is filed seeking a declaration that the proceedings of the District Collector (Panchayat Wing), Kurnool District, dated 17.09.2009, directing the Panchayat Secretary, Pulakurthy Gram Panchayath and Extension Officer, Kodumur Mandal to take possession of the bore well in Sy.No.232/3 and to utilise the same for drinking water purpose of the village claiming that the same was drilled by the R.W.S. Department is arbitrary and illegal. It is also stated in the said proceedings that the said land was under the occupation of one U.V.Raja Reddy. The petitioner while disputing the version in the impugned proceedings contended that the said land has been in his possession and enjoyment by virtue of the allotment dated 15.03.2008. It is pleaded that a patta certificate was granted to him and the possession was also handed over to him on the date of assignment itself and thereafter, having applied for permission for construction of a house, he got the bore well dug in the said land. It is further pleaded that the land belonging to U.V.Raja Reddy is situated in Sy.No.238 and that he has been cultivating the said land as a lessee. Thus, it is the case of the petitioner that the bore well is situated in Sy.No.232/3 which was assigned to him and that the land in Sy.No.238 which belonged to Raja Reddy is entirely different. It is also the specific case of the petitioner that the impugned order was passed without conducting any enquiry and without notice to the petitioner or to his lessor, U.V. Raja Reddy. Though a detailed counter affidavit has been filed on behalf of the respondents, nothing could be placed before this Court to show that any opportunity was given either to the petitioner or to his lessor by name U.V.Raja Reddy at any point of time. In the circumstances, I deem it appropriate to dispose of the Writ Petition with a direction to the respondents to issue a fresh notice to the petitioner and then pass appropriate orders afresh in accordance with law after conducting due enquiry within a period of four weeks from the date of receipt of this order. However, since the possession of the bore well has already been taken by R.W.S Department pursuant to the impugned proceedings, dated 17.09.2009 and the same is being used for drinking water purpose in the village, it is made clear that the same shall not be disturbed and appropriate steps shall be taken depending on the outcome of the enquiry ordered in this writ petition. Writ Petition is accordingly disposed of. No costs. _____________ G. ROHINI, J. Date: 15.02.2010 Note: Issue CC within three days (B/O) Ivd