B VENKATESU Vs. TAHSILDAR

JUDGEMENT

(1.) AT the interlocutory stage, the Writ Petition is taken up for hearing and disposal with the consent of the learned counsel for the parties.

(2.) THIS Writ Petition is filed for a Mandamus to declare the action of respondent No.1 in issuing proceedings vide Rc.No.574/2010/B, dated 03.12.2010, as illegal, arbitrary and violative of provisions of the Andhra Pradesh Water, Land and Trees Act, 2002 (for short 'the Act'). He also sought for a direction to the respondents not to interfere with his possession and enjoyment of the bore-well situated in Survey No.7-K of Jaggarajupalli Village, Puttaparthy Mandal, Anantapur District.

(3.) IN the counter-affidavit filed by respondent No.1 it is inter alia stated that the bore-well of the petitioner was dug without permission under the Act; that the bore-well was accordingly seized by the Mandal Revenue INspector-II, Puttaparthy; that respondent No.1 has addressed a letter to the Deputy Director, Ground Water Department, Anantapur, to send a feasibility report; and that, in the meantime, the petitioner filed the present Writ Petition and secured an order of interim suspension of the impugned proceedings. It is further stated that the Deputy Director, Ground Water Department, Anantapur, vide his letter No.725/M.P./T/2011, dated 15.06.2011, informed that Jaggarajupalli Village of Puttaparthy Mandal, is notified as "over exploited village" and the Government in G.O.Ms.No.409, dated 30.11.2011, have imposed ban on drilling of new bore-wells until further orders in over exploited villages.