THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION No. 24861 of 2002 O R D E R: This Writ Petition has been listed up for hearing last week i.e. on 08.06.2010. I have heard Sri V. Hari Haran, learned counsel for the writ petitioners and the learned Assistant Government Pleader for Revenue for Respondents 1 to 4. There was no representation on behalf of the 5th respondent. Therefore, to provide an opportunity to the 5th respondent to make his submissions, the Writ Petition has been posted for judgment today. When the matter is called, none appears for the 5th respondent even today. This Writ Petition has been instituted by the petitioners praying for a writ of mandamus for declaring the action of Respondents 1 to 4 in sinking a bore well in Survey No. 436 situate in Teryala Village, Gundala Mandal, Nalgonda District and permitting the 5th respondent to use the same exclusively as illegal and unjust. They have also prayed for a consequential direction to ensure that the said bore well laid in Survey No. 436 is put to public use, including to the petitioners. The case of the petitioners is that the land situate in Survey No. 436 belongs to the 4th respondent – Gram Panchayat. Entertaining repeated requests and representations from the people around, in view of scarcity of water, a bore well was dug and people started using it for drawing drinking water, as the said bore well is not intended for carrying on any agricultural operations. However, the 5th respondent, who is an agriculturist by profession, has claimed ownership of the land in which the bore well was dug and hence, started preventing all others from using the bore well. He started exclusively drawing water from the bore well for all purposes including for his agricultural operations. The 5th respondent started treating the same as a private water resource for his operations. When the villagers and other respondents have taken up the matter with the local Mandal Revenue Officer, he visited the village on 31.10.2002, conducted a panchnama and found that the bore well has been fitted with a jet pump by the 5th respondent and the 5th respondent was found drawing water from the said bore well for carrying on his agricultural operations. When the Mandal Revenue Officer has pointed out that the bore well has been dug, by a public agency and hence it is intended for the common good and usage of all the residents of the locality and it cannot be confined for exclusive usage of the 5th respondent and when the Mandal Revenue Officer seized the jet pump fitted by the 5th respondent to the bore well, the 5th respondent has approached this Court by instituting Writ Petition No. 22282 of 2002. That Writ Petition has been disposed of by this Court on 08.11.2002, directing the Mandal Revenue Officer, Gundala Mandal, Nalgonda District, who is the 2nd respondent therein, to verify as to whether the bore well in question was dug in the land of the petitioner, the 5th respondent herein, within a period of 15 days and if it is found that the bore well was dug in the land of the petitioner, Respondents 3 and 4 therein, namely the Mandal Development Officer, Undala Mandal and Gram Panchayat, Teryala Village are directed not to use the same unless the writ petitioner therein gives his consent for using the bore well. Pursuant to the directions issued by this Court on 08.11.2002, it is now represented by the learned Government Pleader for Revenue that the Mandal Revenue Officer has carried on the inspection of the land in question once again and upon verification of records, he has found that the land in Survey No. 436 is not a private patta land of the 5th respondent and it vests in the 4th respondent - Gram Panchayat. In view of these findings by the local Mandal Revenue Officer, it is only appropriate to direct the 5th respondent not to claim any right of exclusive usage of the bore well dug using public funds. He is also entitled to use and draw water there from for drinking purposes like the rest of the persons of the neighbourhood and all other residents of the Gram Panchayat. The 5th respondent cannot make any improvements by fitting a jet pump to the said bore well for the purpose of drawing exclusively water there from for his agricultural operations. The Writ Petition is, therefore, allowed. The 4th respondent - Gram Panchayat will take all necessary steps and measures to ensure that the bore well dug in Survey No. 436 of Teryala Village, Gundala Mandal, Nalgonda District will be put to use by whosoever is concerned and that the 5th respondent will not either claim or do anything, which would result in exclusive usage by him of the bore well. No costs. ---------------------------------- (NOOTY RAMAMOHANA RAO, J) 18th June 2010 ksld