THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5810 OF 2005 DT.17.3.2011 Between: M Penchalaiah … Petitioner And The District Collector, Cuddapah, Cuddapah and ors … Respondents Counsel for the Petitioner: Sri V.Mallik Counsel for respondent: G.P. for Revenue The Court made the following ORDER: THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5810 OF 2005 ORDER: The present writ petition is filed questioning the proceedings dated 11.3.2005 in withdrawing the permission granted vide proceedings dated 5.3.2005 for flushing of existing bore well in Survey No. 363/2, Vontimitta village and Mandal, Cuddapah district, as illegal. The case of the petitioner is that earlier he filed a representation dated 20.1.2005 to the Mandal Revenue Officer requesting permission to flushing out his existing bore well in survey No. 363/2, Vontimitta Village and in pursuance of the same, the Mandal Revenue Officer, has called for a report from the Deputy Director of Ground Water Department , Cuddapah and by letter 3.2.2005, the Deputy Director of Ground Water Department recommended that the subject bore well requires to be flushed to a depth of 60 meters. The petitioner alleges that in spite of such recommendations, since the Mandal Revenue Officer was not allowing him to flush out the existing bore well, he filed W.P. 2616 of 2005 and the same was disposed of by order dated 16.2.2005 directing the respondents therein to consider the request of the petitioner for grant of permission to flush out the bore well existing in survey No.363/2 and to pass appropriate orders in accordance with law on the basis of the recommendation made by the Deputy Director, Ground Water Department/second respondent therein. It is further stated that pursuant to disposal of the above writ petition by orders dated 16.2.2005, the Mandal Revenue Officer, vide proceedings dated 5.3.2005 permitted the petitioner to flush out the existing bore well and thereafter without issuing any notice or affording opportunity passed the impugned order dated 11.3.2005 withdrawing the permission granted vide proceedings dated 5.3.2005. The relevant portion of the impugned order reads as under; “…. ……. On receipt of complaint the Dy.Inspector of Survey, Rajampet along with Mandal Surveyor and Mandal Revenue Inspector, Vontimetta has inspected the fields of the petitioner Sri M Penchalaiah S/o Gangaiah and reported that there is one old bore is existed in Survey No. 364/1C and are newly drilled bore (recently drilled on 28.1.2005 without obtaining permission from Mandal WALTA authority) in Survey No. 363/1A and there is no any bore well existed in Survey No. 363/2 of Vontimetta village. In view of the above findings the permission granted in the reference C/44/2005 dated 5.3.2005 to Sri M.Penchalaiah S/o Gangaiah for flushing out of his bore well existed in survey No. 363/2 is hereby withdrawn. He is advised to obtain amendment orders from the Hon’ble High Court accordingly.” Heard the learned counsel on either side and perused the material available on record. Admittedly the impugned order dated 11.3.2005 withdrawing right conferred on the petitioner vide proceedings dated 5.3.2005, is passed without issuing any notice and affording opportunity and it suffers from the principles of natural justice and fair play and is liable to be set aside and is hereby set aside. However, this order does not preclude the respondents from taking appropriate action against the petitioner in accordance with law. Accordingly, the writ petition is disposed of. No costs. ______________ V ESWARAIAH,J DATE: 17.3.2011 TVK THE HON'BLE MR JUSTICE V.ESWARAIAH Writ Petition No.5810 OF 2005 DT.17.3.2011