M/S. Ramnath Breeding Farms v. State Of Telangana,

THE HON'BLE SRI JUSTICE A.RAJASHEKER REDDY WRIT PETITION NO.11516 OF 2015 O R D E R :

This writ petition is filed for a Writ of Mandamus declaring the action of the respondents in digging the bore well and drawing water in the land belonging to the petitioner admeasuring Ac.12.32 guntas in Sy.No.212, 213 and 214 of Ankireddygudem Village, Choutuppal Mandal, Nalgonda District, as illegal and arbitrary and for a consequential direction to the respondents to restrain the respondents 4 to 8 from digging the bore will in the subject land. The case of the petitioner is that he is the owner of the land admeasuring Ac.12.32 guntas in Sy.No.212, 213 and 214 of Ankireddygudem Village, Choutuppal Mandal, Nalgonda District through registered sale deed dated 19.10.2004.

For the purpose of his business, the petitioner constructed 3 poultry sheds in schedule property and there is an existing bore well with electricity connection in the said land. While so, the 5th respondent-Gram Panchayat illegally dug two bore wells in the schedule property belonging to the petitioner without obtaining consent of the petitioner and without acquiring the land under the provisions of Andhra Pradesh Panchayat Raj Act. But the bore wells failed due to lack of water. The petitioner further submits that the 5th respondent is again trying to dig a new bore well in the schedule property belonging to the petitioner. Aggrieved by the same, the present writ petition is filled.

Heard the learned counsel for the petitioner. Sri P.Raghavender Reddy, learned Standing counsel for respondents 5 to 7 produced written instructions issued by Panchayat Secretary, Gram Panchayat, Ankireddygudem stating that there is no proposal for digging new bore well as alleged by the petitioner and 15 years back a bore well was dug beside Sy.No.212 for drinking water purpose and the same is being repaired. Recording the submission of the learned Standing counsel for

respondents 5 to 7, this writ petition is closed. No costs. As a sequel thereto, miscellaneous petitions, if any, pending in the writ petition, shall stand closed. _______________________________ A.RAJASHEKER REDDY, J 01.05.2015 dv