THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.18426 of 2005 ORDER : In this Writ Petition the petitioners seek directions by way o f Mandamus to declare the action of the respondent in taking steps to dig a bore well in the land of the petitioners covered by T.S.Nos.834 to 837 of Block No.15, Ward No.12/E of Eluru Town, as illegal and arbitrary. As stated in the affidavit filed in support of the petition, it is the case of the petitioners that the land in question was held by their father, who executed a Will, dated 15-08-1993, bequeathing the properties in favour of these petitioners and his two daughters. It is stated that the aforesaid piece of land fell to the share of the petitioners and they are enjoying the same. In the Writ Petition it is the grievance of the petitioners that though the said land is a private patta land owned by them, respondent is taking steps to dig a bore well in view of the impending municipal elections in the year 2005. At the stage of admission, this Court granted interim directions directing the respondent not to interfere with the possession of the petitioners. The said orders passed by this Court has been in force since 04-10-2005. Though the Writ Petition is of the year 2005, no counter-affidavit is filed by the respondent. As much as it is the case of the petitioners that the land in question is a private patta land and in the absence of any counter- affidavit controverting the allegations of the petitioners, I deem it appropriate to dispose of the Writ Petition with directions to the respondent not to dig any bore well and interfere with the possession of the petitioners over the land covered by T.S.Nos.834 to 837 of Block No.15, Ward No.12/E of Eluru Town. However, it is made clear that if any land other than the land of the petitioners is available in that area, it is open to the respondent to utilise the same for any public purpose. Subject to above directions, the Writ Petition is disposed of. There shall be no order as to costs. _____________________ R.SUBHASH REDDY, J. 16th December, 2009. skmr THE HON'BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.18426 of 2005 Date 16-12-2009 Between : Mothey Anja Naga Raja Mohan and two others .. Petitioners And Eluru Municipal Corporation, Eluru, rep. by its Commissioner .. Respondent