K UDAY KUMAR Vs. MANDAL REVENUE OFFICER

JUDGEMENT

(1.) The petitioners assail the proceedings of the Mandal Revenue Officer dt.29.5.2003 whereby and whereunder the said officer took over the existing bore well of petitioners in S.No.318 in Gadmalaiahgudem in Gungal Revenue Village, Yacharam Mandal, Ranga Reddy District, on account of dire scarcity of drinking water in the said village. The petitioners claim to be owners of the land in S.No.318 admeasuring Ac.4.16 guntas. They dug a bore well in August 2001 for agricultural purposes and raised mango plantation planting 475 trees.

(2.) The Assistant Engineer, Rural Water Supply Scheme, Yacharam Mandal, sent a requisition to the Mandal Revenue Officer to take over the bore well of petitioners as there is depletion of ground water level resulting in water shortage in the village.Therefore, the impugned order was passed further requesting the Agricultural Officer, Yacharam Mandal to assess the value of the crop likely to be damaged due to non-availability of water on account of closure of petitioners well so that compensation can be paid to the petitioners.

(3.) Learned counsel for the petitioners, Sri B.Shiva Kumar, mainly challenges the order on three grounds. He submits that the impugned order is void being in violation of principles of natural justice.Secondly he would urge that the bore well is situated at 1.5 Kms from the village and therefore the same would not serve any purpose for which it was taken over. Lastly he would submit that there are other number of bore wells in the village and the owners of said bore wells are using their bore wells for raising paddy crop. First respondent in a discriminatory manner ignored those bore wells and taken over petitioners' bore well which is unsustainable. The submissions made are devoid of any merits and cannot be countenanced by this Court. Rule 15 of A.P.Water, Land and Trees Rules, 2002 (for short 'the Rules') reads as under. 15.Taking over of well to ensure drinking water: