High Court for State of TelanganaWP/5812/2015disposed of no costs

P.Sai Neelavathi W/O P.Kiran Kumar, v. The State Of Andhra Pradesh,

2015-03-20Challa Kodanda Ram3 pages

THE HON'BLE SRI JUSTICE CHALLA KODANDA RAM WRIT PETITION NO.5812 of 2015 Between:

P. Sai Neelavathi PETITIONER AND

1. State of Andhra Pradesh, rep. by its Principal Secretary, Revenue Department, A.P., Secretariat Buildings, Hyderabad, and others.

RESPONDENTS

ORDER:

The case of the petitioner is that he is said to be the owner of land admeasuring an extent of Ac.0.02 cents in Sy.No.536-8C situated a t Basinikonda Village, Madanapalli Mandal, Chittoor District. After purchasing the said land he obtained permission form the competent authority for establishing a service centre and nursery and dug a bore well in the said land. The grievance of the petitioner is that the 5th respondent dug a bore well without obtaining any permission from the competent authority as required under Andhra Pradesh Water, Land and Trees Act, 2002 (for short 'the Act') and supplying water to the commercial water tanks. Though the petitioner submitted a representation dated 19.02.2015 to respondents 2 to 4, no action has been taken till today. Hence he filed the present writ petition. Heard learned counsel for the petitioners and learned Assistant Government Pleader for Revenue (A.P.) for respondents. This Court on 9.03.2015 while issuing notice before admission permitted the petitioner to take out personal notice to the 5th respondent.

The learned counsel for the petitioner submits that he took notice to the 5th respondent by registered post acknowledgement due. There is no representation on behalf of the 5th respondent. Considering the limited grievance of the petitioner and that the petitioner had already submitted a representation dated 19.02.2015 to respondents 2 to 4, interest of justice would be met if a direction is issued to the 3rd respondent-competent authority to consider the representation of the petitioner and pass appropriate orders in accordance with law.

Accordingly, the writ petition is disposed of directing the 3rd respondent to consider the representation dated 19.02.2015 submitted by the petitioner and pass appropriate orders in accordance with law. No costs. As a sequel, miscellaneous petitions, if any, shall stand closed.

_____________________ CHALLA KODANDA RAM, J.

20th March, 2015 Js.