HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25934 of 2002 Date : 17.09.2009 Between : B.Indrasena Reddy. …..Petitioner And The Mandal Revenue Officer, Mallial Mandal, Karimnagar District & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.25934 of 2002 ORDER : In this writ petition, the petitioner has questioned the action of respondents in disconnecting power supply to his agricultural borewell in Service Connection No.2 of Sarvapur village in Mallial Mandal of Karimnagar District. 2. In the affidavit filed in support of the writ petition, it is stated that the petitioner is the owner of the land admeasuring 10 Acres, situated in Sy.Nos.59 and 74-B of Sarvapur village. For the purpose of cultivating the said land, he has dug a borewell and obtained electricity Service Connection No.2 from the 2nd respondent, as per the Terms and Conditions of Supply. The grievance of the petitioner is that the respondents have disconnected power supply to his Service Connection without conducting any inquiry and instructed him not to operate the borewell. 3. The 1st respondent-Mandal Revenue Officer has filed the counter affidavit, stating that the petitioner dug his borewell unauthorisedly, without obtaining any permission as contemplated under Section 10 of the A.P. Water, Land and Trees Act, 2002. It is further stated that as the said borewell is situated at a distance of 10 metres from the existing borewell, which was dug for the purpose of supplying drinking water to the villagers, on the representation, dated 13.12.2002, made by the villagers, necessary steps were taken to safeguard the public drinking water system. 4. Earlier, when the writ petition was listed on 03.01.2003, and it was pleaded by the learned counsel for petitioner that the petitioner was not put on any notice by the respondents before disconnecting power supply to his borewell, this Court granted interim directions, directing the respondents not to interfere with the petitioner’s agricultural operations and to restore power supply to his Service Connection, and since then, the petitioner has been utilizing the power supply. 5. Though it is contended in the counter affidavit filed by the 1st respondent-Mandal Revenue Officer that the borewell dug by the petitioner is an unauthorized one and no permission was obtained before digging the same, but however, as already power supply was provided to the said borewell, the respondents ought to have conducted an inquiry by issuing proper notice to the petitioner before disconnecting power supply to the said borewell. 6. As much as it is stated that power supply is already restored to the petitioner, I deem it appropriate to dispose of the writ petition, directing the respondents to continue power supply to the petitioner’s borewell and the petitioner is permitted to utilize the same by paying necessary consumption charges as per the Terms and Conditions of Supply. Further, it is made clear that if, for any reason, the power supply is to be disconnected, this order will not preclude the respondents to issue notice and take appropriate action after hearing him. 7. Subject to above observations, the writ petition is disposed of. No order as to costs. ______________________ R. SUBHASH REDDY, J 17th September 2009 rrb/ajr