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High Court for State of TelanganaWP/13787/2012disposed of no costs

Smt. Pogula Vimalamma v. The District Collector And Chairman,

2017-01-24S.V.Bhatt3 pages

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No. 13787 of 2012 ORDER:

Heard Mr.N.Ashok Kumar for petitioners and Mr.K.B.Ramanna Dora for Respondent No.4.

2.

The petitioner prays for mandamus declaring the inaction of Respondent Nos.1 to 3 & 5 in taking criminal action against Respondent No.4 for illegally drawing water from bore-well in Sy.No.390 of Kattangur village & Mandal, Nalgonda district under the provisions of Andhra Pradesh Water, Land & Trees Act, 2002 (for short 'the Act'), as illegal and arbitrary, and further to direct Respondents 1 to 3 & 5 to prevent Respondent No.4 from using illegally dug bore-well forthwith and award compensation for the damage of paddy crop etc., to petitioner.

3.

The prayer is slightly overlapping, but the complaint is that the 4th Respondent shall not be allowed to draw water from borewell dug in Sy.No.390 of Kattangur village. Under the Act, the competent authority is Tahasildar/ 3rd Respondent. The 3rd Respondent filed his counter and a few annexures explaining various steps taken in this behalf. The petitioner has not filed reply or rejoinder to the stand of 3rd respondent in the counteraffidavit.

4.

Therefore, the stand taken by the 3rd Respondent in the counter-affidavit is accepted and placed on record. The grievance of the petitioner against the inaction complained in the writ petition is not made out.

5.

The writ petition is disposed of accordingly. As a sequel, the miscellaneous applications pending, if any, shall stand closed. There shall be no order as to costs.

_____________ S. V. BHATT, J January 24, 2017 Kv

THE HON'BLE SRI JUSTICE S.V.BHATT WRIT PETITION No.13787 of 2012 January 24, 2017 Kv