THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.12601 of 2006 Date: 03.02.2011 Between : Sripada Ramachandra Rao .… Petitioner and The Commissioner, Tuni Municipality, Tuni Town, East Godavari District. …. Respondent THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.12601 of 2006 ORDER : The petitioner, claiming to be the owner of an extent of 600 square yards of site in Sy.No.209 and covered by Municipal assessment Nos.1018 and 1033 of Tuni Municipality, has filed this writ petition to declare the action of the respondent in seeking to dig a borewell in the said site as arbitrary and illegal. 2. The petitioner is the absolute owner and possessor of an extent of 600 square yards of site in Sy.No.209 of Tuni Municipal limits. It is stated that in the middle of the said site, in an extent of 50 square yards, his ancestors have constructed a temple of Lord Rama and enclosing the entire extent of 600 square yards, the petitioner applied permission for construction of a compound wall. While the said application is still pending, the respondent, without having any manner of right, has started digging a borewell on 12.06.2006. Inasmuch as the efforts made by the petitioner to stop the respondent from digging the borewell turned futile, having no other alternative remedy, he has filed the present writ petition for the aforesaid relief. 3. The respondent has filed a counter affidavit inter alia stating that no such borewell was sought to be dug in the site of the petitioner. The relevant portion of the said statement is extracted hereunder: “It is submitted that this Municipality drilled the Bore-well in the road-margin only land not in the petitioner’s site. The petitioner without having personal observations at the place where it was actually done, he is making baseless allegations against the Municipality duly presuming that the Municipality will construct a tank in their Site. But there is no such proposal or even not necessary for construction of tank. This Municipality after drilling the Bore-well, immediately gave direct connection to the distribution lines which were already laid-down under the ground level.” 4. In view of the said categorical statement made by the respondent, it cannot be said that the grievance of the petitioner is still subsisting. Therefore, placing the said statement of the respondent on record, this writ petition is disposed of. If the petitioner still feels that the borewell, in fact, had been dug in his site, he is at liberty to seek such remedies as are available under law, including to file a review application in this matter. No order as to costs. ________________________ JUSTICE NOUSHAD ALI 03.02.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.12601 of 2006 03.02.2011 (Msr)