K. Krishna Reddy v. The Tahsildar

HONOURABLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.1545 of 2019 ORDER:

The grievance of the petitioner is that the Tahsildar, Saroornagar Mandal, Ranga Reddy District, seized his bore well and other equipment in Plot No.B-233, Road No.11, Green Park Colony, Saroornagar Mandal, Ranga Reddy District, without following the due procedure. The learned Assistant Government Pleader for Revenue, State of Telangana, concedes on the basis of instructions that the seizure was effected without putting the petitioner on notice. Even if the petitioner resorted to any illegality in sinking the bore well, it is not open to the authorities to follow suit and cast the due procedure to the winds.

The Writ Petition is accordingly allowed, directing the Tahsildar, Saroornagar Mandal, Ranga Reddy District, to immediately handover the seized equipment and the bore well to the petitioner. However, this order shall not preclude the authorities from taking action, as warranted, against the petitioner under the provisions of the Andhra Pradesh Water, Land and Trees Act, 2002, as per the procedure prescribed therein.

Miscellaneous Petitions pending in this Writ Petition shall stand closed. No order as to costs.

__________________________ JUSTICE SANJAY KUMAR 30th January, 2019 Kvsn