IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE ELEVENTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE P.V.SANJAY KUMAR WRIT PETITION No: 17044 of 2001 BETWEEN: V. Ashok Reddy, S/o. Rukmareddy, R/o. Madapuram Village & Post, Devaruppala Mandal, Warangal District. ... PETITIONER AND 1 The Executive Engineer, (Panchayat Raj Department), Warangal Division, Warangal. 2 The Assistant Engineer, (Panchayat Raj Department), Sub-Division - Jangon, Warangal District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court may be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in trying to dug bore-well in the lands of the petitioner admeasuring Ac.3.08 guntas and Ac.15.08 gts, in Sy.No.55 and 57 situated in Madapuram Village, Devaruppala Mandal, Warangal District as illegal, unjust in violation of principles of natural justice and also in violation of Art.14, 21 and 300-a of the Constitution of India, Consequently direct the respondents not to dug bore-well in lands of the petitioner admeasuring Ac.3.08 guntas and Ac.15.08 guntas in Sy.No,.55 & 57 respectively situated in Madapuram Village, Devaruppala Mandal, Warangal District, and to pass such other order or orders. Counsel for the Petitioner: MR.P.SRIDHAR RAO Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following: ORDER: The grievance of the petitioner in this case is that the respondent authorities were attempting to sink bore-well in his lands admeasuring Ac.3.08 guntas and Ac.15.08 guntas in Sy.Nos.55 and 57 respectively of Madapuram Village, Devaruppala Mandal, Warangal District. 2. The petitioner claims that the subject lands are his ancestral property and that he is in ownership and possession of the same to the knowledge of one and all. It is his case that the respondent authorities, without resorting to the due procedure laid down by law, came to his lands on 23.07.2001 with the intention of sinking a bore-well thereupon. It is the complaint of the petitioner that he was neither put on notice nor was any action initiated in accordance with law for authorizing the respondent authorities to take such a step. 3. By order dated 14.03.2002, this Court directed status quo obtaining as on that date to be maintained. No counter aﬃdavit is filed by the respondents. 4. In the light of the averment made by the petitioner that he is the owner and possessor of the subject lands, which remains uncontroverted, it is not open to the respondent authorities to assert any right interfering with the rights and possession of the petitioner, except in accordance with the due procedure laid down by law. If circumstances warrant that the respondent authorities should resort to sinking a bore-well in the petitioner’s lands for a public purpose, they can do so only by following the legal process and cannot resort to illegal measures such as are being alleged in this writ petition. The writ petition is disposed of directing the respondents not to resort to sinking any bore-well in the lands of the petitioner admeasuring Ac.3.08 guntas and Ac.15.08 guntas in Sy.Nos.55 and 57 respectively of Madapuram Village, Devaruppala Mandal, Warangal District, without following the due procedure laid down by law. There shall be no order as to costs. __________________ P.V. SANJAY KUMAR, J November 11, 2008 DSK