Pendyala Yadaiah v. The Tahsiladar, Gurrampudu Mandal, Nalgonda District.

IN THE HIGH COURT OF JUDICATURE AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH * * * WRIT PETITION No. 34255 of 2015 BETWEEN P.Yadaiah and others ... PETITIONERS AND The Tahsildar, Gurrampudu Mandal, Nalgonda District and others ...RESPONDENTS Date of Order pronounced: 14.10.2015 THE HON'BLE SRI JUSTICE VILAS V. AFZULPURKAR

1. Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments?

2. Whether the copies of judgment may be Yes/No marked to Law Reporters/Journals?

3. Whether his Lordship wish to see the Yes/No fair copy of the Judgment?

ORDER:- Heard learned counsel for the petitioner and learned government pleader for Revenue.

2. Petitioners complain of seizure of their bore well by the first respondent in Survey No.249, admeasuring Ac.0-031/2 guntas situated at Ranganbavi, H/o.Vattikodu Village, Gurrampudu Mandal, Nalgonda District. Petitioners state that the aforesaid bore well is not liable to be seizure as it is an ancestral open well in the land of the petitioners and that on the false complaint made by third parties the said bore well is straight away seized without following section 15 of the AP WALTA.

3. It is evident from the reading of the panchanama itself that straight away the seizure is affected without having any regard to Section 15 of the aforesaid act. In view of that, the order of seizure of the bore well as aforesaid is set aside. The first respondent shall be at liberty to follow due procedure as prescribed under Section 15 of the WALTA. If the petitioners aforesaid well is objectionable on any grounds and after complying with the provisions of Section 15, the first respondent would be at liberty to pass appropriate orders. Writ petition is accordingly disposed of. As a sequel, the miscellaneous applications, if any, shall stand closed. There shall be no order as to costs.

_____________________ VILAS V. AFZULPURKAR, J October 14, 2015 LMV