THE HON’BLE MR. JUSTICE L. NARASIMHA REDDY Writ Petition Nos.253 and 1450 of 2010 COMMON ORDER: The petitioners in both the writ petitions hold agricultural lands in the immediate neighbourhood. They have also dug borewells. On account of depletion of the ground water levels, the operation of one borewell is resulting in the fall in the level of the water in the other borewell. The petitioner in W.P.No.253 of 2010 filed a complaint before the authorities of the Revenue Department and the Ground Water Department. The inspection appears to have been conducted and certain measures were suggested with the participation of village elders. However, the disputes persisted and to avoid law and order problem, the Tahsildar has seized the borewells of both the petitioners. Hence, these writ petitions are filed by the petitioners, seeking appropriate directions against each other. Heard the laired counsel for the petitioners and the learned Government Pleader for Revenue. In neither of the writ petitions, any proceedings said to have been issued by the authorities under the Water, Land and Trees Act are in challenge. In fact, except making local visits and giving suggestions, the authorities did not pass any orders at all. The seizure of borewells was effected as a preventive measure. The same is not referable to any provision of law. This Court passed interim orders in both the writ petitions. The one passed in W.P.No.1450 of 2010 is to the effect that the petitioner therein shall be entitled to operate the borewell on Monday, Wednesday and Saturday of every week and for the rest of the days, the petitioner in the other W.P. shall be entitled to operate. It is represented before this Court that the said arrangement is working out well. In case, the petitioners have any disputes among themselves, they have to resolve them by approaching a civil Court. On the other hand, if the respondents find that the petitioners have violated any provisions of law, the proceedings under the relevant enactments have to be initiated. For the foregoing reasons, the writ petitions are disposed of, directing that – (a) the seizure of borewells of the petitioners effected by the Mandal Revenue Officer be set aside; (b) the petitioner in W.P.No.1450 of 2010 shall be entitled to operate his borewell on Monday, Wednesday and Saturday of every week and for the rest of the days, the petitioner in W.P.No.253 of 2010 shall be entitled to operate the borewell; (c) it shall be open to the authorities of the Revenue Department to initiate proceedings against the petitioners, in case any violation of law on their part is noticed; and (d) it shall be open to the petitioners to resolve the disputes before a Civil Court, if they so choose. There shall be no order as to costs. _________ 11.02.2010 JSU THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition Nos.253 and 1450 of 2010 Date: 11.02.2010 JSU