HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9303 of 2005 Date : 08.12.2009 Between : Rajender Singh & others. …..Petitioners And The Government of Andhra Pradesh, rep. by its Secretary, Municipal Administration & another. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.9303 of 2005 ORDER : In this writ petition, the petitioners seek a declaration by way of Mandamus, declaring the action of respondents in trespassing into the land covered by Survey No.58/A, situated at Karmanghat village, Saroornagar Mandal of Rangareddy District, by digging a borewell, as illegal and arbitrary. 2. It is the case of the petitioners that they are the owners and possessors of six acres of land covered by Survey No.58/A of Karmanghat village in L.B. Nagar Municipal limits of Saroornagar Mandal. It is their case that though the said land is their private land, the respondents have dug a borewell for the purpose of drawing drinking water for the public, therefore, they seek directions against the respondents. 3. Counter affidavit is filed by the Commissioner of the 2nd respondent-Municipality. In the counter affidavit, while generally denying the allegations made by the petitioners, it is stated that in view of serious water scarcity in the L.B.Nagar Municipal area, they sunk a borewell within the Full Tank Level boundary of the tank bed in Survey No.58 as per the report of Geologist. Counter further states that the said borewell is in Survey No.58, which is a Government land and which is in Full Tank Level. 4. In view of the stand taken by the respondents in the counter affidavit that the borewell was being dug in Survey No.58, which is in the Full Tank Level area, it is not possible for this Court to resolve the dispute in this petition filed under Article 226 of the Constitution of India. Whereas it is the case of petitioners that the borewell is in Survey No.58/A, but as per counter, it is the case of the respondents that the borewell is in Survey No.58, which is a Government land. In that view of the matter, if petitioners claim the land in question, it is open for them to approach the competent authorities for demarcation of boundaries in the above-mentioned Survey Numbers. But in the absence of any such demarcation, no direction can be given in favour of petitioners. 5. Accordingly, the writ petition is disposed of, keeping it open for the petitioners to approach the competent authority for demarcation of the land in question and to take steps in accordance with law. No order as to costs. ______________________ R.SUBHASH REDDY, J 8th December 2009 ajr