THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1418 of 2010 ORDER: The Tahsildar, Bhiknoor, Nizamabad District, 2nd respondent herein issued a show cause notice dated 09.01.2010 directing the petitioner to explain as to why the borewell dug by him in Survey Nos.18/5/2, 18/7/2 and 38/A/3 of Thalamadla Village be not closed, since it was dug without permission under the A.P.Water, Land and Trees Act, 2002 (for short ‘the Act’). The petitioner states that on receiving notice, he submitted explanation on 18.01.2010. His grievance is that without passing any orders under the Act, the 2nd respondent has seized the borewell and got the power supply disconnected. It is pleaded that the crop raised in the land is withering away on account of non-supply of water. Heard the learned counsel for the petitioner and the learned Government Pleader for Revenue. The 2nd respondent has issued a show cause notice dated 09.01.2010. While the petitioner asserts that he submitted explanation, the learned Government Pleader states that the explanation has yet been not received. Either way the occasion for the 2nd respondent to take any action against the petitioner would arise, only after an order is passed under the Act. Issuance of show cause notice cannot constitute the basis for the 2nd respondent to seize the borewell or to order disconnection of power supply. Therefore, the writ petition is allowed and it is directed that the respondents shall not interfere with the use of the borewell by the petitioner, till the 2nd respondent passes any final order on the basis of the explanation that may be submitted by him. There shall be no order as to costs. __________ 02.02.2010 Note: Issue C.C. in three days. (B/o) jsu THE HON'BLE MR JUSTICE L.NARASIMHA REDDY Writ Petition No.1418 of 2010 Date: 02.02.2010 JSU