IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY THIRD DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14411 OF 2010 Between: A. Subramanyam Naidu .....PETITIONER AND The State of Andhra Pradesh, represented by the District Collector, Chittoor District ....RESPONDENT The Court made the following: THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.14411 OF 2010 ORDER: Apprehending that his bore well in Survey No.19/9B of Ellapalle Village of G.D. Nellore Mandal of Chittoor District, would be taken over by the authorities, the petitioner filed the present case. On instructions, the learned Assistant Government Pleader for Revenue stated that the villagers of Ellapalle Village had submitted a representation to the Tahsildhar, G.D. Nellore, complaining about an acute water problem. When a bore well was proposed to be drilled in the kalva poramboke, the petitioner herein objected to the same as it was being drilled very near to his existing bore well. The matter is stated to be under enquiry by the Village Revenue Officer of Ellapalle Village. The learned Assistant Government Pleader further stated that as on date no action had been taken to seize the petitioner’s bore well and that the writ petition had been filed on mere assumptions and presumptions. In view of the aforestated stand disclosed by the respondent – State, this writ petition is premature. Needless to state, if the authorities propose to take action in respect of the petitioner’s bore well under Section 15 of the Andhra Pradesh Water, Land and Trees Act, 2002, they are bound to issue notice to the petitioner and comply with the principles of natural justice as held by this Court in Bodapati Markonda Naidu v. State of Andhra Pradesh, represented by its District Collector, Chittoor and others[1] and P. Narayana Reddy v. Mandal Revenue Officer, Morthad Mandal, Nizamabad and others[2]. Subject to the above observation, the Writ Petition is dismissed at the stage of admission. There shall be no order as to costs. ___________________________ JUSTICE SANJAY KUMAR June 23, 2010 Note: Issue C.C. by tomorrow. B/O.MD [1] 2009 (5) ALT 112 (D.B.) [2] 2004 (6) ALD 653