The Hon’ble Sri Justice R.Subhash Reddy Writ Petition No.745 of 2004 Order: In this Writ Petition, petitioner has questioned Order in ROC.No.1340/2003/F2, dated 6th January, 2004, passed by the first respondent-Commissioner, Chittoor Municipality, in exercise of his powers under the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (for short ‘the Act’), seizing the bore well of the petitioner. Petitioner, who is the owner of a residential house bearing No.4-1971/1, Durganagar Colony, Greenspet, Chittoor, dug a bore well for domestic purposes in the year 1996 and has been using the same. It is his grievance that on certain complaints being made by the residents of Durganagar Colony to the effect that he is using the said bore well water for purposes other than domestic purpose, thereby, causing depletion of water in the public bore wells, the first respondent-Commissioner passed the impugned order. While admitting this Writ Petition on 09-01-2004, this Court granted interim stay of the impugned proceedings on the ground that in the absence of any notification under Sections 11 and 9 of the A.P.Water, Land and Trees Rules, 2002, no restrictions can be imposed for use of ground water. The said interim order was, subsequently, made absolute. Heard the learned Counsel for the parties and perused the impugned order. From a perusal of the impugned order, there is no indication of prior notice and opportunity being given to the petitioner. If there is any complaint by the residents of Durga Colony as regards the usage of bore well water by the petitioner, the first respondent- Commissioner ought to have given a show cause notice to the petitioner before seizing his bore well before passing the impugned order ex parte. In that view of the matter, I deem it appropriate to set aside Order in ROC.No.1340/2003/F2, dated 6th January, 2004, passed by the first respondent-Commissioner, Chittoor Municipality. However, if the petitioner is using the bore well water for purposes other than domestic purpose, it is open to the respondents to issue notice and pass appropriate orders in accordance with law. Writ Petition is allowed to the extent indicated above. No order as to costs. _________________ R.Subhash Reddy, J Dated 16th November, 2009 lur