THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16561 OF 2003 19.11.2010 Between: P.V.Subba Reddy …Petitioner AND The Mandal Revenue Officer, Koilkuntla Village and Mandal, Kurnool District and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.16561 OF 2003 ORDER: The petitioner who is a resident of Bhimunipadu Village is an ex- serviceman. After discharge from the Army, he purchased lands in various survey numbers and dug a borewell for irrigation. First respondent passed impugned proceedings being Rc.B.No.266/2003, dated 21.06.2003 directing to take over petitioner’s borewell to meet water scarcity during the months of June and July, 2003. The respondents have not filed counter affidavit though the matter was admitted in 2003. A perusal of the impugned order would show that the same was not preceded by any notice. This Court in P.Narayana Reddy v Mandal Revenue Officer, Morthad Mandal, Nizamabad[1] has held that even though Rule 15 of the Andhra Pradesh Water, Land and Trees Rules, 2002 (the Rules, for brevity) does not contemplate prior notice when a borewell is taken over “to ensure supply of drinking water to local population”, still formal notice should be given to owner of the borewell. Therefore, the impugned order cannot be sustained. Moreover, no material is placed before this Court to show that first respondent has extended the period of control over the borewell of petitioner. Therefore, nothing survives in the writ petition. The writ petition, with the above observation, is accordingly disposed of. No costs. __________________ (V.V.S.RAO, J) 19.11.2010 Pln [1] 2004 (6) ALD 653