THE HON’BLE SRI JUSTICE G.CHANDRAIAH W.P.NO.23235 OF 2009 O R D E R Heard both the counsel. 2. The case of the petitioner as stated in the affidavit filed in support of the writ petition is that he is the owner and possessor of Acs.4-38 cents in RS.No.50 of Taduvai village, Jangareddygudem Mandal, West Godavari District. In the year 2004 he dug a bore well in his land on 21.12.2004 at the extreme northern side of his land for cultivation and obtained electrical service connection vide Sc.No.1257. The 3rd respondent also dug a bore well in southwest corner of his land and obtained electrical service connection in S.No.1258. There is also another service connection no.58 in the name of the father of the petitioner. The contention of the petitioner is that the digging of the bore wells for agricultural lands in uplands is governed by the Andhra Pradesh Water, Land and Trees act, 2002 and as per the said Act no bore well can be dug within 250 meters from the existing bore well and the Act contemplates ban on digging of bore wells. The Government notified villages in West Godavari District on 25.12.2008, which are over exploited and the Taduvai village is shown at Sr.No.51 and as per the same, no bore well can be dug in the said village. Now the grievance of the petitioner is that the respondents 4 and 5 without permission from the competent authority have dug bore wells in Rs.Nos.50 and 52/1 of Taduvai village, Jangareddygudem Mandal, West Godavari District at a distance of 50 meters each from the old existing bore well and hence their action is contrary to the Act and further the officials respondents are contemplating to issue service connection to such bore wells. Hence, the petitioner got issued legal notice dated 17.9.2009 for the alleged illegal digging by respondents 4 and 5, to the official respondents, but they failed to take any action. Hence, the writ petition. 3. No counter affidavit is filed. 4. Having regard to the above averments made in the writ affidavit, which have not been disputed by any of the respondent by filing counter, the writ petition is disposed of with the following direction: “The 1st respondent – The Tahsildar, Jangareddygudem, West Godavari District shall consider the legal notice dated 17.9.2009 issued by the petitioner and pass appropriate orders in accordance with law, considering the objection raised by the petitioner with regard to digging of the bore wells by the respondents 4 and 5 in Sy.Nos.50 and 52/1 of Taduvai village, Jangareddygudem Mandal, West Godavri District, within a period of two weeks from the date of receipt of a copy of this order.” 5. No order as to costs.. AVS ------------------------------ 17—06—2010