THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.26595 OF 2003 Dated:09.12.2010 Between: G.Gangappa .. Petitioner And The Mandal Revenue Oficer, Garladinne, Anantapur District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S. RAO WRIT PETITION No.26595 of 2003 ORDER: The petitioner is allegedly owner of the land admeasuring Acs.05.00 in Survey No.250 of Budedu Village, Garladinne Mandal, Anantapur District. He dug a bore well for cultivating the land and obtained electricity service connection, which is in the name of his uncle. It appears respondent Nos.3 and 4 lodged a complaint to respondent No.1 alleging that digging of the bore well by the petitioner is unauthorized. He then called for a report of the Mandal Revenue Inspector and by impugned order in Rc.No.(A)362/2003, dated 10.12.2003, ordered seizure of bore well of the petitioner. The same is assailed in this writ petition. This Court while admitting the writ petition, passed interim order in W.P.M.P.No.33672 of 2003 to the effect that the petitioner shall be entitled to operate the bore well on Mondays, Wednesdays and Fridays only. Even after seven years, the respondents have not filed counter affidavit though notices were served on them. Inviting the attention of this Court to the decision in P. Narayana Reddy v. Mandal Revenue Officer, Morthad Mandal, Nizamabad[1], counsel for petitioner submits that the impugned order without prior notice is void and unsustainable. There is force in the submission. Referring to the Andhra Pradesh Water, Land and Trees Act, 2002 (for brevity, the Act), it was held as follows. …… …… Indeed under sub-section (1) of Section 15, drastic powers are conferred on the authority to close the pumping of the water, disconnect the power supply, seize any material or equipment used in connection with such extraction of water. It would not be possible to countenance any submission that Legislature never intended that the authority should act in fairness. Principles of natural justice being part of the fairness, it is also incumbent on the authority to issue a preliminary notice before passing a provisional order under sub-section (1) of Section 15. If such a requirement is not read into sub-section (1) of Section 15, in a given case, the Officer can as well disconnect power supply or close bore well. …… ……. Rule 15 of the Andhra Pradesh Water, Land and Trees Rules, 2002 authorizes any authority by a general or special order and in case of emergency so as to ensure supply of drinking water to local population take over such bore well in which event the owner of the bore well will be entitled to be compensated for the agreed loss. The only situation where without notice the bore well can be seized is to ensure the supply of drinking water to the local population in emergency. That being the position, the issuance of notice before passing provisional order under Section 15(1) of the Act must be held as mandatory requirement. In this case, the impugned notice/order was not issued in such circumstances, and therefore, unsustainable. Admittedly, there is no notice prior to passing of the impugned order. The same is therefore set aside and the writ petition is allowed. There shall be no order as to costs. _____________ V.V.S. RAO, J 09.12.2010 KH [1] 2004 (6) ALD 653