High Court · 2025

Judgment

1. 2 District co I I ector a nd c ha irma n, Di strict wA L rA i:ffi .?i Jf; lil%111;,'67r,?ilt' The Assistant Divisional Engineer, TRANSCo, Mothkur _ 508 277 yadadri tshuvanagrri District 3 4 t s co' Ad d a g ud u r Ma nda I Ad das ud ur- s o I 2t l I*#ib'1il:::g;; b::,.t5^ The Tahsildar, Addaguru Mandal _ SOB 277 yadadri Bhuvanagiri District Ii:"3""#ilr?Jrector 6. Buspaka yadaiah. S/o. and District Ground water officer, Bhonsiri yadadri . [/slsiah Age. 55 years IVlanaikunta Village Addagudur Mandai yaoaori enuJaiJgiri'oyiri"i",' B. , ...RESPONDENTS

Petition under Articre 226 0f the constitution of rndia praying that in the circumstances stated in the affidavit fired therewith, the High court may be pleased to issue a writ or writs order or orders more in the nature of a writ of mandamus decraring the inaction of the 4th Respondent to cause the seizer of the bore wefi dug by the 6th Respondent and the 3rd Respondent in not disconnecting the power suppry in terms of the proceedings vide order No Ar1071r2023 dated 23-01-2024 issued by the 4th Respondent as iregar, arbilrary and contrary to the wALTA RULES and arso take necessary action against the 5th Respondent for furnishing the report of non-apprication of mind to the -1st Respondent in pursuance of his orders saying that the petitioner arso violated the WALTA Rules whereas the bore well dug by him was of more than 30 years old and the alleged violation of WALTA Rules came only in the year 2004 IA NO:1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated intheaffidavitfiledinsupportofthepetition,theHighcourtmaybepleasedto direct the 2nd respondent to immediately cause the disconnection of power as a result of usage of power the 6th Respondent is drawing water excessively at the cost of the low yield of water to the petitioner as a result of which the crop is getting dried incurring him so much loss and damage and to initiate action againstthe3rdRespondentandthe6thRespondentfortheirillegalactivitiesof using electricity u nauthorized ly' IA NO: 2 0F 2025 Petition under Section 151 CPC praying that in the clrcumstances stated intheaffidavitfiledinsupportofthepetition,theHighCourlmaybepleasedto directthe4thResponJenttoimmediatelystopthefunctioningofborewelldugby the 6th Respondent as there is an urgency of doing so in view of the crop standing on field is going to dry up and the petitioner would be put to financial loss of his investmert in the paddy crop pending disposat of the above writ petition. Counsel for the Petitioner: SRI M'VENKANNA Counsel forthe Respondent No'1 & 4: GP FOR REVENUE Gounsel for the Respondent No'2 & 3: SRI N'SREEDHAR REDDY' SC FOR TRANSCO Counsel for the Respondent No.5: GP FOR IRRIGATION The Court made the following: ORDER ry. 7 THE HON'BLE SRI JUSTICE C.V.BHASKAR REDDY WRIT PETITI ON No.12 92 0F 2025 ORDER: This wrir petition is hled with the following reliet_ ',::!" i}"y. a uit or urits, ord.er or orders more tn the nature oJ a Wir of Mandqmus dectoinn the inaction oI tne i* lesio"naent to cause ttp sezer of thc boreLe a"gig tn; al*r.rpor'd'!it' ona th" 3d respondent in not d.isconnecti"g-;h""pr;"; "";;i;;ii"'rrns o1tn proceedrngs uide order No.A/ 1oil/2ob3 a"r"a-iilo t.io,i) ,rsu.d ?y_ lY 4" respond.ent as iltegal, a,bitra;-;; ;nir"i* * ,n" LMALTA RULES qnd atso tol" n"ces"aiy -""riuli "oiino ,n 5'l respondent for fumi_shing th.e reporl iri"" "pi)'ir"tiiiii ^r"a . the 1,, respondent in puiuance of his orders saginq that thp petitioner also uiolated the WALTA Bit"" *n"iii ti"toi" *"u ars by lim uas of more than 30 gears otd qnd. tte attegei iiation oy Ylr^ll rr:t came.ontA tn tie gear 2OO4 and to poi:^ ,r.n otn , oroer or orcters as this Hon,ble Court maA deems fii lust and proper tn the circumstances of th.e ca_se".

2. Considered the submissions of the learned counsel for the parties and with their consent this writ petition is disposed of at the admission stage.

3. lt is stated that the petitioner is pattadar of agricultural land in Survey No.ZO3 /2, to an extent of Acs.S.OO gts., situated at Govindapuram Village, Addagudur Mandal, yadadri Bhuvanagiri. It is stated that he dug a bore well for the purpose of cultivation of his land last 30 years back and he is eking out his livelihood by rarsing paddy and other crops. It is further stated that respondent No,6 without obtaining any pcrmrssion from the competent autho*rity as per the provisions of the WALTA Rules, 2OO4, and I 2 CVBR, wp-1292 7025 contrary to the provisions of WALTA Act' 20O4 (for short 'the Act) has dug a bore well adjacent to his bore well and drau'ing water withoul having aulhorized electriciry connection ' therebv' there is no percolation of q'ater into the bore well of the petitioner and he is notinapositiontoharvestthestandingpaddycrop.The grievance of the petitioner is even after issuance of notice dated 12.01.2024, so far the respondent authorities have not taken any action as per the provisions of WALTA Act nor seized the bore well of resPondent No'6' Learn.ed counsel for the petitioner submitted that the 4. petitioner has submitted a complaint/ represenla'tion on the file of respondent No'4, dated 26 Oa '2023 requesting to take an appropriate action against the iltegal bore well dug by respondent No.6. It is lurt'her submitted that acting on the said representation' the Mandal Revenue lnspector has conducted inspection and submitted a report dated 15 09 2023 and 'oasing on the said initiated proceedings report, No.B/ 107 | /2023 dated l2'Ol'2O24 issuing notice to respondent No.6 to submit documents to enable him to conduct an enquiry' strictly, in. terms of the provisions of the Act' respondent No'4 has 4 I I ..Qi 3 CVBR. J wp_1292 2025 .) inspection report that acting on Since it is stated by the learned counsel for the petitioner the petitioner's complaint, dated 26.0g.2023, has been submitted by the Mandal Revenue Inspector, dated 15.09 .2023 and acting on the said report, respondent No.4 has initiated the proceedin gs No.B/lOZl /2023, dated 72.O7.2024, this Court, without expressing any opinion on the merits of the matter, deems it appropriate to dispose of the writ petition by directing respondent No.4 to complete the enquiry initiated in the said proceedings, strictly in accordance with the provlsrons of the Act, after issuing notice to respondent No.6, within a period of four (4) weeks from the date of receipt of copy of this order 6 The writ petition is accordingly disposed of. As a sequel, the miscellaneous petitions , tf any, pending in this writ petition shall stand closed. No order as to costs. SD/- P. PADMANABHA REDDY ASS T NT REGISTRAR /ffRUE COPY// SECTION OFFICER To, 2 Chairman, District Walta, yadadri Bhuvanagiri

1. The District Collector and District, State of Telangana. The Assistant Divisional Engineer, TRANSCO, Mothkur - SO8 277 yadadri Bhuvanagiri District The Assrstant Engl1e_e.r, IRANSCO , Addagudur Mandal Addagu dur_ 508 227 Y aoaon Hnuvanagtn Djstrict The Tahsildar, Addaguru Mandal - SO8 2ll yadadri Bhuvanagiri District 4 5. The Deputy Director and District Ground Water Officer, Bhongiri Yadadri J Bhuvanagiri District

6. One CC to SRI il/.VENKANNA, Advocate [OPUC] T One CC to SRI N.SREEDHAR REDDY, SC FOR TRAI'ISCO IOPUC] 8'TwoCCstoGPFoRREVENUE,HighCourtfortheStateofTelanganaat Hyderabad [OUT]

9.'TwoCCstoGPFORlRRlGATION,HighCourlfortht-'StateorTelanganaat Hyderabad [OUT] 1 0. Two CD CoPies BSR GJP -1 HIGH COURT DATED: 1010112025 \ \ ORDER WP.No,1292 of 2025 *E SIe 1 c tl-) o t) 11 li' lri\ |,' qr'iT-, r=--=-,.:- -a' I I t I DISPOSING OF THE WRIT PETITION' WITHOUT COSTS t4a l,r