IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FOURTEENTH DAY OF JULY, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4716 of 2004 Between: Polsani Manohar Rao … Petitioner AND The Mandal Revenue Officer (MRO), Saidapur Mandal, Karimnagar District, & another. … Respondents Counsel for the petitioner : None Counsel for the respondents: GP for Revenue This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.4716 of 2004 ORDER:- This writ petition is filed for a writ of Mandamus to declare the action of respondent Nos.1 and 2 in interfering with the digging of an open well on the patta land of the petitioner comprised in Sy.No.496/C/E of Nallani Ramayyapalle Village, H/o. Godisela, Saidapur Mandal, Karimnagar District, as illegal and arbitrary. At the hearing, there is no representation for the petitioner. A perusal of the affidavit shows that when the petitioner was digging an open well in the abovementioned land allegedly belonging to him, respondent No.2 unlawfully tried to prevent him from carrying on the digging operations. He averred that respondent No.2 has no authority under law to prevent him from digging a well in his own patta land. No counter-affidavit is filed by the respondents. Under the A.P. Water, Land and Trees Act, 2002 (for short, ‘the Act’), the prescribed authorities have power to regulate digging of wells. Unless this procedure is followed by the respondents, no person can be prevented from digging wells on their patta lands. In this view of the matter, the writ petition is disposed of. If the respondents find digging of well by the petitioner objectionable under the provisions of the Act, they shall be free to initiate appropriate proceedings under the Act. Without initiating such proceedings and following the procedure prescribed under the Act and the Rules made thereunder, the respondents shall not interfere with the right of the petitioner to dig an open well in his patta land. Ordered accordingly. As a sequel to disposal of the writ petition, WPMP.No.6168 of 2004 filed by the petitioner for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 14.07.2008 ES