IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE THIRTIETH DAY OF JUNE TWO THOUSAND AND TEN PRESENT THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11675 OF 2010 Between: G. Mohan Naidu .....PETITIONER AND The District Collector, Chittoor District, Chittoor and others ....RESPONDENTS The Court made the following: THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11675 OF 2010 ORDER: The petitioner assails the action of the respondents in interfering with his bore well in Survey No. 1094/1 of Vedagirivaripalli Village, Irala Mandal, Chittoor District, without following the procedure contemplated under the Andhra Pradesh Water, Land and Trees Act, 2002 and the rules framed there under. He seeks a consequential direction to the respondents not to interfere with his bore well. The Tahsildar, Irala Mandal, Chittoor District, in the counter affidavit filed on behalf of himself and others, stated that the petitioner’s bore well was situated at a distance of 100 meters from the public water source of the village. Some of the villagers are said to have approached this Court by way of Writ Petition No.9127 of 2010 and interim order dated 22.04.2010 was passed therein in the following terms: “Digging of a bore well near public source of drinking water is prohibited. For that Rule 15 of the Andhra Pradesh Water, Land & Trees Act, 2002, empowers the Tahsildar to take over any bore well to ensure supply of drinking water to local population. Respondent Nos.1 to 5 are directed to take necessary action immediately to ensure that there is continuous drinking water supply to the villagers of Vedagirivaripally Village, Irala Mandal, Chittoor District. If this order is not complied, this Court will be constrained to summon respondent Nos.1 to 5 to this Court.” It is stated that as per the above direction, the petitioner’s bore well was seized by the Panchayat Secretary, Vedagirivaripalli Gram Panchayat of Irala Mandal. It is further stated that the Panchayat Secretary, Vedagirivaripalli Gram Panchayat, thereafter sought permission to release the bore well owing to the sufficient availability of water, under his letter dated 17.06.2007. It is further stated that though sufficient water is available in the public water source the litigation is kept alive owing to the factions within the village. Thus, the authorities are taking recourse to the order passed by this Court in W.P.No.9127/2010 as justification for the seizure of the petitioner’s bore well. It is however to be noticed that this Court directed the authorities to take necessary action to ensure that there was continuous drinking water supply to the villagers under Rule 15 of the Andhra Pradesh Water, Land and Trees Rules, 2002 (for brevity, “the Rules”). Rule 15 of the Rules reads as under:- “15. Taking over of well to ensure drinking water: (1) The Authority may by a general or special order shall authorize the Designated Officer to identify such wells as required to ensure supply of drinking water to local population and shall take over such wells. ( 2 ) On identification of the wells, the Designated Officer shall serve or cause to serve an order of requisition on the owner of the well specifying the period of such requisition. The Designated Officer for sufficient reasons, may extend such period of requisition. (3) On requisition, the owner of the well shall not draw water for any other purpose other than drinking for his own use. (4) If the well so requisitioned is the only source of irrigation and if the owner is solely dependant on agriculture for his livelihood, the owner shall be compensated for the loss of livelihood. The quantum of compensation shall be decided by the District Collector in consultation with the agriculture department based on the crops raised during the same period in the previous three years by the owner utilizing the water from the well.” In the present case, the counter reflects that the statutory procedure prescribed under Rule 15 of the Rules has not been followed. The petitioner complains that he was not even put on notice prior to the seizure of his bore well and thereafter also, no proceeding has been issued to him. The order of this Court in W.P.No.9127 of 2010 did not authorize the authorities to cast statutory procedure to the winds and cause seizure of the petitioner’s bore well without due process. In any event, as the Panchayat Secretary by letter dated 17.06.2007 opined that there was sufficient water available and sought permission to release the petitioner’s bore well, it is clear that the situation warranting invocation of Rule 15 of the Rules does not prevail. In that view of the matter, the respondents are directed to forthwith release the petitioner’s bore well by lifting the seizure order, if any. In the event the petitioner’s bore well is required in future to ensure supply of drinking water to the villagers, the respondents are bound to follow the procedure prescribed under Rule 15 of the Rules. The Writ Petition is disposed of with the above direction. There shall be no order as to costs. ___________________________ JUSTICE SANJAY KUMAR June 30, 2010 MD