HON’BLE MR.JUSTICE R.SUBHASH REDDY Writ Petition No.6752 of 2008 Date: June 23, 2011 Between: K.Lakshmamma, W/o.late K.Lakshmi Reddy, Aged about 85 years, R/o.K.Markapur village, Kallur Mandal, Kurnool District and another … Petitioners And Government of Andhra Pradesh, Represented by District Collector, Kurnool and others … Respondents Order: Petitioners have filed this writ petition seeking mandamus declaring the action of the 1st respondent in not passing orders, on the proceedings of the 2nd respondent in Rc.C.No.441/2007, dated 21.11.2007, as illegal and arbitrary and consequently to direct the 1st respondent to pass appropriate orders on the aforesaid proceedings of the 2nd respondent. Petitioners claim that they are the owners of the land covered by Sy.No.205/A1 to A3 and Sy.No.218/1D to 218/1G of K.Markapuram village, Kallur Mandal, Kurnool District. They state that though they have dug two bore- wells in the said lands, the same have failed. It is stated that Government has constructed a balancing reservoir in the name and style of Chandrayanatippa Balancing Reservoir in the year 1996. At the time of construction of the said reservoir, it appears, the contractor has dug two bore-wells near the said reservoir in the lands in Sy.No.231/A2, 231/A3 and 231/A4 of Budipadu village, Gudur Mandal, which belongs to the Government. On the ground that such bore-wells were dug by the contractor near the land of the petitioners, an application was made by the petitioners to the 1st respondent to grant them permission to utilize such bore-wells for drawing water for their agricultural needs. Though initially permission was granted to draw water from the bore-wells situated in Sy.Nos.221 and 231 of Budipadu village, subsequently it was noticed that the said bore-wells are situated in Sy.No.223/3, but not Sy.Nos.221 and 231. On the ground that the 2nd petitioner, who is the son of the 1st petitioner, along with workers entered into Government land and dug the land upto a depth of 1.5 feet with the help of proclainer for the purpose of drilling bore-wells, it appears, the Tahsildar, Gudur Mandal, seized the bore-wells situated in Sy.No.223/3 of Budipadu village. It is the grievance of the petitioners that in spite of the indication of the Revenue Divisional Officer, Kurnool to the District Collector, by proceedings dated 21-11-2007, issued in Rc.C.No.441/2007 to open the seized bore-wells for their utilization, no further orders are passed by the 1st respondent. The 3rd respondent-Tahsildar, Gudur Mandal, has filed counter-affidavit on behalf of the respondents. While denying the allegations made by the petitioners, it is stated that the land of the petitioner is situated about 1 km. away from the bore-wells in question. It is stated that the reservoir is constructed for the purpose of drinking water for surrounding four villages, Budidapadu, K.Markapuram, Nagalapuram and Kottala. It is further stated in the counter-affidavit that the bore-wells in question are situated in Sy.No.223/3 and not in Sy.Nos.221 and 231. It is submitted by the learned Government Pleader appearing on behalf of the respondents that the bore- wells in question are utilized for the purpose of rural water supply scheme and the petitioners have no right to make use of the same. As is evident from the counter-affidavit, the bore- wells in question are ultimately found to be in the lands in Sy.No.223/3, which belong to the Government. When the said bore-wells were dug and being used for the purpose of drinking water under the rural water supply scheme, the petitioners, whose lands are situated about 1 k.m. away from the said bore-wells, cannot be permitted to use the same. They have no legal right to use such bore-wells which are situated in Government lands. For the aforesaid reasons, no relief can be granted to the petitioners. Writ petition is accordingly dismissed. No order as to costs. ___________________ (R.SUBHASH REDDY, J) June 23, 2011 MRR