HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19237 of 2010 Dated: 10-08-2010 Between: Pasuvula Thippamma. … Petitioner And The State of Andhra Pradesh, rep. by District Collector, Anantapur District & others. … Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.19237 of 2010 ORDER: In this writ petition, the petitioner has questioned the seizure of bore-well by the 2nd respondent-Tahsildar, by proceedings, dated 20th July 2010, by conducting panchanama. It is the case of the petitioner that she is the owner and possessor of land to an extent of 1.50 Acres out of the total extent of 6.31 acres covered by Survey No.121- 2C, situated at Palavai village in Kalayandurg Mandal of Anantapur District. It is the case of the petitioner that she has dug a bore-well in the land owned by her for agricultural purposes, but on the representation made by respondent No.4, the said bore-well is seized by the 2nd respondent by merely conducting a panchanama, without any notice to her. It appears, in this case, there was a representation from respondent No.4 that the petitioner has dug the bore- well within the prohibited distance from her bore-well. Under the provisions of the A.P. Water, Land and Trees Act, 2002, if any such complaint is filed, at first instance, directions are to be issued under Section 15(1) of the Act, for closure of such bore-well, and failing to comply with the said directions, the competent authority is empowered to pass an order of closure of bore-well by issuing notice to the affected person. But, on the ground that an application is filed by respondent No.4, straightaway, it is not permissible for the respondent-authorities to affect seizure of bore-well by merely conducting a panchanama. As it is fairly submitted by the learned Government Pleader, on instructions, that no notice is issued and no opportunity is given to the petitioner before seizing the bore-well, I deem it appropriate to dispose of the writ petition, quashing the proceedings, dated 20th July 2010, issued by the 2nd respondent-Tahsildar in Proceedings No.152/2010, seizing the bore-well belonging to the petitioner, with a direction to the respondents to allow the petitioner to operate the said bore-well. It is made clear that if any representation is filed by respondent No.4 complaining violation of the provisions under the A.P. Water, Land and Trees Act, 2002, this order will not preclude the respondents from taking steps in accordance with the provisions of the said Act and the Rules made thereunder. Subject to the above directions, the writ petition is allowed. No order as to costs. ______________________ R. SUBHASH REDDY, J 10th August 2010 ajr