IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SECOND DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13020 of 2009 Between: Bodapati Markonda Naidu, S/o. Babu Naidu, Kotha Venaktapuram Village & Post, Gangadara Nellore Mandal, Chittoor District. ..... PETITIONER AND 1 The State of Andhra Pradesh, Rep. by its District Collector, Chittoor District, Chittoor. 2 The Tahsildar, Gangadara Nellore Mandal, Chittoor District. 3 Sri B. Narasimhulu @ Babu S/o. Govindappa Naidu, Kotha Venkatapuram Village & Post, Gangadara Nellore Mandal, Chittoor District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Certiorari calling for the conencted records, including the proceedings of the 2nd respondent in Roc.No. D/15/2009, dated 19-6-2009, and quash the same as illegal, improper, unjust, arbitrary and violatie of the principles ofnatural justice and further direct the 2nd respondent to permt the petitioner to draw the water from the borewell situated in Sy.No. 48/8 of Kotha Venkatapuram Village, Gangadar Nellore Mandal, Chittoor District, and pass Counsel for the Petitioner:MR.K.RAMAMOHAN-MAHADEVA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.13020 OF 2009 ORAL ORDER By the proceedings dated.19-06-2009 of the 2nd respondent, the Mandal Revenue Inspector, Village Revenue Officer and Village Secretary of Venkatapuram village, Gangadar Nellore Mandal, Chittoor District were directed to seize the bore- well dug by the petitioner. The petitioner dug a borewell within a distance of 85 meters from a Government borewell and is using the water drawn therefrom for the purpose of his agricultural operations. The 2nd respondent on the complaints of several villagers passed the impugned order asserting that the conduct of the petitioner in digging the borewell within a prohibited distance from the Government bore well is violative of provisions of Sections 10, 13 and 14 of the A.P. Water, Land & Trees Act,2002, particularly since the petitioner had also fixed an electric motor and was drawing enormous amounts of water from the borewell thereby depleting the water table relevant to the Government’s borewell. The petitioner complains that the order is passed without notice or opportunity to him. The writ petition is filed after the petitioner had preferred an appeal to the 1st respondent on 22-06-2009. As the petitioner has already pursued the appellate remedy this writ petition seeking a parallel remedy is not maintainable and is accordingly dismissed. The 1st respondent may expeditiously consider the petitioner’s appeal and dispose of the same on merits preferably within a period of three (3) months from the date of receipt of a copy of this Order. No costs. _________________ GODA RAGHURAM,J 2nd JULY 2009 *TSNR