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High Court for State of TelanganaWP/26174/2017disposed of no costs

Dileep Kumar, v. State Of Andhra Pradesh, Rep. By Its Principal Secretary

2017-08-07A Ramalingeswara Rao2 pages

THE HON'BLE SRI JUSTICE A.RAMALINGESWARA RAO WRIT PETITION No.26174 of 2017 ORDER:

Heard the learned Counsel for the petitioner and the learned Standing Counsel for the respondents.

The case of the petitioner is that he made an application to the Tahsildar, Rajanagaram Mandal in East Godavari District, seeking permission to dig a bore well in his land. The Tahsildar called for a report from the Mandal Surveyor regarding status of the land. The Mandal Surveyor, along with the assistance of the Mandal Revenue Inspector and Village Revenue Officer, conducted survey of the land and stated that there is no bore well existing within the radius of 250 metres to the proposed bore well, and in view of the same, the bore well can be dug by the petitioner. Accordingly, the petitioner remitted an amount of Rs.500/- on 26.04.2016. After submission of the report by the Mandal Surveyor, the fourth respondent, at the request of the petitioner for furnishing feasibility certificate, advised the petitioner to submit an application for new connection and sanction of the estimate. The Deputy Director, Ground Water Department, Rajahmundry, also furnished report on feasibility of ground water on 22.06.2016.

Thereafter, the Tahsildar, Rajanagaram, granted permission to the petitioner to dig a new well in the land of the petitioner in R.S.No.514/2D in an extent of Ac.1.911⁄2 cents of Palacharla Village to a depth of 90 Mts and 175 MM for drawing water for irrigation use. The petitioner states that he submitted a representation to the fourth respondent on 25.07.2016 for new service connection to the said land and the Manager, Customer Service Centre, Rajahmundry, issued a letter on

08.08.2016 permanently rejecting the permission for new service connection due to non-existence of bore well. Challenging the same, the present Writ Petition is filed.

Learned Counsel for the petitioner submits that pursuant to the permission granted by the Tahsildar, Rajanagaram, the petitioner would take necessary steps for digging the bore well and as soon as it is completed, he would make an application to the concerned authorities for supply of electricity.

In the circumstances, the Writ Petition is disposed of giving liberty to the petitioner to dig the bore well in his land and make an application to the concerned authority for agricultural service connection. On receipt of such application, the fourth respondent shall consider the same and give necessary service connection, if there is no objection for giving such service connection. If there is any objection for giving the service connection, the fourth respondent shall assign reasons for the same and pass appropriate orders in accordance with law. The miscellaneous petitions pending in this Writ Petition, if any, shall stand closed. There shall be no order as to costs.

________________________________ (A.RAMALINGESWARA RAO, J) 07.08.2017 vs