IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FIRST DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6962 of 2008 Between: Modugu Ranga Reddy, S/o.Malla Reddy, R/o.Ambati Vagu,H/o.Kattangoor Village & Mandal, Nalgonda District. ..... PETITIONER AND 1 The Government of Andhra Pradesh, rep by District Colector, Nalgonda, Nalgonda Distrtict. 2 The Tahsildar, Nalgonda, Nalgonda Distrtict. 3 The Additional Revenue Inspector, Kattangoor, Nalgonda Distrtict. 4 The Village Revenue Officer, Kattangoor village & Mandal,Nalgonda District. 5 Smt. Pogula Vialamma, W/o.Lingiaiah, R/o.Katangoor Village & Mandal,Nalgonda District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus to set aside the proceedings No.B/595/08 Dt.29.2.2008 on the file of the 2nd respondent by declaring the same as illegal, void, misconceiving the provisions of Act 10/02 and not application of mind apart from violativon of pricniples of natural justice and to pass Counsel for the Petitioner:MR.M.VENKAT RAM REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6962 of 2008 ORAL ORDER: This writ petition is filed questioning the proceedings dated 29.2.2008 issued by the second respondent, whereby the petitioner was directed not to fit pipes, motor and other instruments and to remove the casing pipes of bore dug by him without taking prior permission from the Government, in terms of Andhra Pradesh Water, Land and Trees Act, 2002 (for short the Act). The case of the petitioner is that he is the owner of agricultural land admeasuring Ac.32.31 guntas, Ambativagu, Kattangoor village and Mandal, Nalgonda district and cultivating the same. The petitioner claims that he has deepened and flushed the old bore well existing in the subject land and did not undertake digging of any new bore well in contravention of the Act, and allege that without considering the same, the impugned notice dated 29.2.2008 was issued based on a complaint given by his neighbor. The petitioner also alleges that though the impugned proceedings are termed as a notice, the same are in the form of a final orders, inasmuch as he was directed to remove the casing pipes. The petitioner made a representation dated 4.3.2008 to the Revenue Divisional Officer and also filed an appeal to the District Collector dated 26.3.2008. Since, no orders are passed on his representation and the appeal, the present writ petition is filed. Heard the learned counsel for petitioner and the learned Assistant Government Pleader for Revenue. Admittedly, against the impugned orders dated 29.2.2008, the petitioner has filed an appeal under Section 27 of the Act read with Rule 8 of the Rules made there under, and the same is pending before the District Collector. Since, the appeal filed by the petitioner is pending consideration, it would suffice to direct the first respondent to pass appropriate orders in the said appeal, expeditiously. If for any reason, it is not possible for the first respondent to pass final orders in the appeal, the first respondent may consider the interlocutory application filed by the petitioner and pass appropriate interim orders in accordance with law, within a period of one week from the date of receipt of copy of this order. Subject to above direction, the writ petition is disposed of. No costs. ____________ N.V.RAMANA,J DATE: 01.04.2008 TVK ..... REGISTRAR // TRUE COPY // SECTION OFFICER THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 6962 of 2008 Date: 1.4.2008