RACHAMALLA AMARUTMMA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioner claims to be the owner of land in Sy. No. 225 of Mannempalli village, Thimmapoor Mandal, Karimnagar District. She claims to have dug an irrigation well in the land for the purpose of irrigating her land.

(2.) This wait petitionas filed alleging that the Gram Panchayat of the village, 4th respondent and its Contractor, 5th respondent are proposing to dig an open well for the purpose of providing drinking water to the village just by the side of the well of the petitioner. Relying upon the provisions of Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli (for short 'Irrigation Act') and the Andhra Pradesh Water, Land and Trees Act 10 of 2002 (for short 'Act 10 of 2002). the petitioner seeks writ of Mandamus declaring the action of the respondents in proposing to dig the well by the side of the well of the petitioner.

(3.) The respondents 4 and 5 filed counter-affidavit. It is their case that the well dug by the petitioner is in Shikam Poramboke land vested in the Government and the petitioner had no right to object to the well being dug for the benefit of the entire village. They disputed the very right of the petitioner over Ac.0.30 guntas of land in which she dug the well. It is also stated that necessary permission was accorded by the competent authority under the Act 10 of 2002.