HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24415 of 2010 Date 01.10.2010 Between: Yerra Seetharamulu. ..... PETITIONER AND The District Collector, Khammam District, Khammam and others. .....RESPONDENTS Counsel for the Petitioner : Sri A.Krupadhar Reddy Counsel for Respondent Nos.1 to 3: Assistant Government Pleader for Revenue Counsel for Respondent No4. : None appeared HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24415 of 2010 ORDER: The petitioner, an agriculturist, filed the present Writ Petition feeling aggrieved by the purported inaction of respondent No.3 in preventing respondent No.4 from digging an open well within 3 meters of his open well. According to the petitioner, while his open well is in existence in his patta land from the year 1985, respondent No.4 has started digging an open well within a distance of 3 meters from his well in violation of the provisions of the Andhra Pradesh Water, Land and Tress Act, 2002 (for short ‘the Act’). The petitioner is stated to have made a representation on 23.09.2010 to prevent respondent No.4 from digging the well. Alleging inaction on the part of respondent N.3 in considering the said representation, the petitioner filed the present Writ Petition. After hearing the learned Counsel for the petitioner and the learned Assistant Government Pleader for Revenue, I am of the opinion that if respondent No.3 has received a representation from the petitioner, he is under obligation to consider the same and act in accordance with the provisions of the Act. If respondent No.3 finds that digging of the open well by respondent No.4 does not violate the provisions of the Act, no action need be taken. However, conversely if he is satisfied that respondent No.4 has violated the provisions of the Act, he has to take appropriate action after following the procedure prescribed under the Act. In the light of the above, the Writ Petition is disposed of with a direction to respondent No.3 to consider the petitioner’s representation and take appropriate action, in accordance with the provisions of the Act, within a period of six weeks from the date of receipt of a copy of this order. As a sequel to disposal of the main petition, WPMP.No.31253 of 2010 filed by the petitioner for interim relief is disposed of as infructuous. C.V.NAGARJUNA REDDY,J Date:01.10.2010 usd