THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION NO.3588 of 2003 Dated 22nd December, 2009 Between: M.Harsh Reddy and two others …Petitioners And The Sarpanch, Gram Panchayat and another …Respondents Counsel for the petitioners: Sri K.Raja Reddy Counsel for the respondents: GP for Panchayat Raj and Rural Development The Court made the following ORDER: This writ petition is filed for a Mandamus to set aside notice dated 22.02.2003 issued by respondent No.1. The petitioners are the owners of land in Survey Nos.94, 95- C and 96-A. By the impugned notice, respondent No.1 called upon the petitioners to remove the motors fitted to bore wells sunk by them. While the petitioners’ case is that the said bore wells were drilled in their patta lands in Survey Nos.94, 95-C and 96-A, in the impugned notice it is claimed that the bore wells were dug in a part of Acs.91.20 gts of Government land situated in Survey No.93 of Ravalkole Village. At the hearing, Sri K.Raja Reddy, learned counsel for the petitioners, submitted that respondent No.1 has not got the land surveyed before issuing the impugned notice and has arrived at a wrong conclusion that the petitioners have dug the bore wells in the Government land. Whether the land in which the bore wells have been dug by the petitioners is in Survey No.93 or not can be decided only after a proper survey. The appropriate remedy for the petitioners, therefore, would have been to apply for survey of the land under the provisions of the Andhra Pradesh Survey and Boundaries Act, 1923 (for short “the Act”). At any rate, the disputed question regarding the survey number in which the bore wells are located cannot be adjudicated by this Court, while exercising its jurisdiction under Article 226 of the Constitution of India. Therefore, the writ petition is dismissed with liberty to the petitioners to approach the competent authority under the Act for getting the land surveyed in order to find out whether the bore wells are situated in Survey No.93 or in their patta lands. If it is found that the bore wells are situated in the patta lands of the petitioners, the petitioners are entitled to use the bore wells subject to the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002. If, on the other hand, in the survey, it is found that the bore wells are situated in Survey No.93, the petitioners are entitled to question the said survey report and seek appropriate relief by approaching the competent civil Court. C.V.NAGARJUNA REDDY, J Dated 22nd December, 2009 vrn