Madan Lal v. The State Of Telangana Rep. By Its Principal Secretary,

IN THE HIGH COURT OF JUDICATURE, AT HYDERABAD

FOR THE STATE OF TELANGANA & THE STATE OF ANDHRA PRADESH **** HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 40633 OF 2016 Between:

Madan Lal s/o Late Bhoramal ....Petitioner A n d The State of Telengana represented by its Principal Secretary, Municipal Administration and Urban Development Department and two others.

....Respondents DATE OF ORDER: 20.12.2016

PNR,J W.P.NO.40633 OF 2016 HON'BLE SRI JUSTICE P. NAVEEN RAO WRIT PETITION NO. 40633 of 2016 ORDER:

Petitioner claims to be a resident of Khokarwadi, adjacent to Chelapura, Ghansi Bazar, Hyderabad. According to petitioner hand pump is located in front of his house and the same is causing inconvenience to ingress and egress from his house. 2.

This Writ Petition is filed to direct respondents 2 & 3 to move the bore well, which is obstructing the ingress and egress of his house, to any other place. On instructions learned counsel appearing for petitioner also submits that the petitioner is willing to bear the expenditure for converting the hand-pump bore well by providing electric submersible pump to pump water from the bore well, to construct water tank, to maintain pump as well as water tank and to bear electrical charges.

3.

Learned Standing Counsel on instructions submits that this bore well exists for more than 20 years and removal of bore well or to change the nature of the bore well is not within the competence of GHMC and the petitioner has to approach local revenue authority and the local authority is not a party to this Writ Petition. 4.

Admittedly, the bore well is intended for supply of water to the local people and it is intended to serve cause of locality people. If there is any inconvenience caused to the petitioner for ingress and aggress, he has to make out his grievance before competent authority. He may submit an application to the local revenue authority with reference to establishment of submersible pump

PNR,J W.P.NO.40633 OF 2016 with water tank and it is ultimately the authorities to consider the same having regard to the policy of the Government. Unless an alternate arrangement is made for water supply to the local people no direction can be given to remove the existing bore well, even assuming cause espoused is genuine.

5.

Accordingly, this Writ Petition is dismissed leaving it open to the petitioner to approach the local revenue authority by making an appropriate application with reference to his grievance and his proposals to provide alternate submersible pump with overhead water tank with assurance of life long maintenance. It is needless to observe that as and when such an application is made, the competent authority shall consider the same objectively and take a decision. There shall be no order as to costs. 6.

As a sequel thereto, miscellaneous petitions, pending if any, shall stand closed.

______________________ P. NAVEEN RAO, J Date: 20.12.2016 KA