A Bharathi v. The State of Telangana

Petition under Article 226 of the Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to pass an order or writ, more appropriately one in the nature of Writ of Mandamus declaring the action of the Respondents herein in not taking steps to stop digging of bore-well in the premises of the Respondents 4 and 5 bearing H. N. 10-3-274 Humayun Nagar, Mehdipatnam, Hyderabad in accordance with the provisions of the Telangana Water Land and Trees Act, 2002 is as illegal, arbitrary, violative of the Articles 14, 15, 16 of the Constitution of lndia and against the principles of natural justice, consequently direct the Respondents 7th to take action against the Respondents 4 and 5 in accordance with lzLr r, in the interest of justice. lA NO: 1 OF 2021 ' Petition under Section 151 CPC praying that in the circu nstances stated in the affidavit filed in support of the writ petition, the High Courl ray be pleased to direct the Respondents to take action against the Respon jents 4 and 5 in accordance with law, pending disposal of the Writ Petition in tl'e interest of justice. Counsel for the Petitioner: SRI M. A. MUJEEB Counsel for..the Respondent Nos.1 and 2: GP FOR REVENUI: Counsel for the Respondent No.3: GP FOR HOME Counsel for the Respondent No. 4&5: -- Nort€ ft(rca<€9' The Court made the following: ORDER THE HON'BLE SRI WSTICE E.V.VENUGOPAL WRIT PETITION No.2l97O of 2O2L ORDER: This Writ Petition, under Article 226 of the Constitution of India, is filed seeking the following relief: '. . ..to pass an order or u.trit more appropriatelg one in the nafitre of Wft of Mandamus declaing tte action of tle Respondents lrcrein in not taking steps to stop digging of boreuell in the premises of the Respondents 4 and 5 beaing H.No.10-3-274 Humayun Nagar' Mehd.ipatnam Hgderabad in acardane uith the proubions of tle Telangana Water I'and arud Trees Act, 2OO2 is as itlegat arbitrary uiolatiue of the Articles 14, 15 16 of the Constittttion of lrdia and against tle principles of natural justice an sequentlg direct tle Respondents to take action against the Respondents 4 and 5 in occordance u.tith lou in ttte interest of justie and mag pass.. . . "

2. The brief facts of the case are that in the month of April, 2O2l when respondent Nos.4 and 5 tried to dig the bore-welt in the premises bearing H.No'10-3-274, Humayun Nagar, Mehdipatnam, Hyderabad by using huge machineries and vehicles without obtaining permission from the concerned authorities, the local residents have objected the same and thereafter, respondent Nos.4 and 5 have stopped digging bore-well. On O5.09.202 1 being Sunday, respondent Page 2 of4 Nos.4 and 5 again brought the huge bore-wel containers arld sta-rted digging the bore-well. The petiliono contacted respondent No.3 and lodged a oral complainl about the illega1 activity and after thorough enquiry it is lound that respondent Nos.4 and 5 have not obtained an1 permission from the concerned authorities and they are also proceeding to lay the bore-well in violation of Section 10 of 'VALTA Act, 2OO2. In order to curb unhealthy competition t I tap water from deeper layers of ground water and to mair:l ain ground water permission from the concerned authoritir:r has to be obtained and the Mandal Revenue Officers shc uld ensure that the rig operated 1n their jurisdiction of n :w wells is registered with the concerned authorities and rr :ll shall be drilled beyond l2O meter depth. Respondent \ os.4 and 5 have also violated land use zone provisions a rd effected persons have filed cases against them before the tuthorities. The petitioner herein is the immediate neie -rbour and alfected due to the illegal digging of bore-well bJ, respondent Nos.4 and 5. On 06.09.2O2 I petitioner als,t personally requested respondent No.2 to take action in that egard. But Page 3 of4 respondent No.2 has not acted upon. Hence, the present writ petition.

3. Heard learned counsel appearing for tl.e petitioner a-nd learned Assistant Government Pleader for Revenue, appearing for respondent Nos. 1 and. 2 and perused the record.

4. None appears for respondent Nos.4 and 5.

5. tearned counsel appearing for the petitioner would submit that the consistent efforts made to obtain necessa-ry instructions from the petitioner have gone in vain. Hence, seeks to adjudicate the matter on merits.

6. Learned Assistant Government Pleader for Revenue on instructions would submit that based on the complaint lodged by the petitioner, the Mandal Revenue Inspector has conducted detailed enquiry and submitted that his ofhce has never issued the permission for digging borewell at the premises bearing H.No.10-3-274, Huma5run Nagar, Mehdipatnam, Hyderabad. Later on, respondent No.4 has applied for permission for digging bore-well in online uide Page 4 of4 ID.No.DAWO22LOOO22374, dated Ol .06.2( 2l permission was granted for digging only to a d€ pth of 4OO meters and since the same was violated by respr,r rdent No.4, the Mandal Revenue Inspector has seized the r rre-well on

13.O9.2021 and also initiated action against resp( ndent No.4 as per The Telangana Water, Land and Trees Act, 2004. Hence, seeks to pass appropriate orders. 7 . In the light of the aforesaid submission s since the representation made by the petitioner has been considered and action has already been initiated by respr,r.dent No.2, this Court deems it appropriate to close the 6 resent writ petition.

8. Accordingly, the writ petition is closed. Th:re shall be no orders as to costs. As a sequel, miscellaneous petitions, if ar- y, pending, shall stand closed. //TRUE COPYII SD / L.VIJAYA LAKSHUI-L I;TANT REGIgTRAR c SECTION OFF]CER To, \

1. One CC to Sri M. A. Mujeeb, Advocate tOpUCl 2. Two CCs to GP for Revenue, High Court for the State cl,Telangana, at Hyderabad [OUT]

3. Two CC to The Gp for Home, High Court for the State oi lelangana, at HyderabadlOUTl 4. Two CD Copies HIGH COURT 'DATED:0 310912025 ORDER WP.No.21970 of 2021 .1:' :::- 1lr.. :t rA i O 2 2 JAN 2iJ2E t r )A- .Si).:\T()l , ;l CLOSING THE WRIT PETITION WITHOUT COSTS @{.r,'