Vellepu Upender Reddy v. The State of Telangana

Sri Suravu Yuvaraju, S/o. Veeraiah, age. Major, Occ. Agriclture, R/o. t\Iohd Gousepally (V), Athmakur (M), Warangal Rural District Suravu Rajanna, S/o.Veeraiah, Age.48yrs, Occ. Agriclture, R/o. li/ohd Gousepally (V), Athmakur (M), Warangal Rural District. ,..RESPONDENTS Petition under Article 226 of lhe Constitution of lndia praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ or order or direction more pa(icularly in the nature of Writ of Mandamus by declaring the inaction of the respondent No.4 who do not following the settled law of effective implementation of the WALTA ACT for further proceed as per their Notice/ memo vide RC.No. 8.16971201 .B Dated. 09-10-20't 9 is illegal , unjustice, arbitrary, unconstitutional violation natural iustice to the Back ward communities , CONSEQUENTLY direct the respondent No.4 to act as per Law by following the WALTA ACT to take further immediate steps to close the illegal bore well of tl-re 5th respondent and 6th unofficial respondont as per the Notice/ memo vide RC.No. B.169712018 Dated.09-10-2019 IA NO: 1 OF 2019 Petition under Section 151 cPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High court may be pleased to direct the respondent No.4 to act as per Law by following the judoment WALTA ACT to9 take further immediate steps to close the illegal bore vrell of the 5th respondent and 6th rlnofficial respondent as per the Notice/ mem,: vide RC.No. 81697l2O1B Dated. 09-10-2019 pending disposal of the above writ petition. Counsel for the Petitioner : SRI G.L.NARASIMHA RAO Counsel for the Respondents No.1to4 : GP FOR REVENUE Counsel for the Respondents No.5&6 : The Court made the following: ORDER THE HONOURABLE SRI JUSTICE K.SARATH - WRIT PETITION No.28615 OF 2019 ORDER:

1. This Writ Petition is filed questioning the action of the respondent No.4 for not implementing the Notice/Memo RC No.Bl697l2O18 dated 09.10.2019 for closing the well, which was dug by the respondent Nos.5 and 6 in Sy.No.179 Katakshapur Village, Athmakur Mandal, without any permissions as per the WALTA Act. 2 Heard the learned Counsel for the petitioner, learned Assistant Government Pleader for Revenue appearing for the ofhcial respondents. In spite of service of notice none appeared on behalf of the respondent Nos-S and 6.

3. The learned Counsel for the petitioner would submit that the petitioner is an agriculturist having his lands adjacent to Sy.No. 179 of Katakshapur Village, Athmakur I I 2 SK,J Mandal and dug the bore well by spending huge amounts' The unoffrci,al respondent Nos'5 and 6, u'ith<lut obtaining any permiss;ion from the competent authorities;, dug the bore well in Sy.No.179, which is decreasing the only source of water of the petitioner and becoming dry' As such the petitioner rrLade application to the ofhcial respondents on 03.07.2018. In response thereto, the lespondent No.4/Tahsildar, Athmakur Mandal issued Notice/Memo directing the RC No.Bl697l2Ot8 dated 09'10'2019 unoffrcial respondent Nos.5 and 6 to close the bore-well dug by them, on or belore 15.1O.2O19' In spite of the said Memo, the respondent No.5 and 6 have not closed the bore well dug b1' them and further the respondent l\o'4 is not taking any steps for closing the bore-well and l'hereby the . petitioner filed the instant writ petition seeking a direction to the respondent No.4 to implement the said Memo and requested to allow the writ petition' 3 SICJ

4. The learned Assistant Government Pleader for Revenue basing on the counter hled by the respondent No'4 would submit that the respondent No.4 has already been taken action against the respondent No.5 by imposing compounding fee and directed him to close the bore-well, which was dug without permission as required under Section 10 of the WALTA Act. He would further submit that in view of abolition of field level functionaries such as Vitlage Revenue Officers and Village Revenue Assistants the follow up action from the respondent No.4 was delayed and will take steps for closing the bore-well, which was dug by the respondent Nos.5 and 6 without obtaining any permission. In view of the submission made by the learned 5. Assistalt Government Pleader, this Writ Petition is disposed of directing the respondent No'4/Tahsildar to close the subject bore-well dug by the unofhcidl respo-.lont 4 SK,J Nos.S ald 6, rvithin lour weeks from the date ol'receipt of copy of this order. This order not precluded the respondent Nos.S and 6 to make application to the competenl. authority'- for digging of bore-well as per the WALTA ,A.ct. No order as to costs. 6 Miscellaneous applications pending, if any, 1n this Writ Petition, shall stand closed. ,TRUE COPY// /. L. LAKSHMI BABU SD A9g To,

1. The Principal :Secretary, (Revenue Department), Secretariat, Sitate of Telangana, Hyderabad.

2. The District Collector, Warangal Rural District at Warangal . 3. The Revenue Divisional Officer, Parkal Division, Warangal Rural District at Warangal .

4. The Tahsildar Athmakur Mandal At Athmakur , Warangal Rural District . 5. One CC to SF:l G.L.NARASIMHA RAO, Advocate. [OPUC] 6. Two CCs to GP FOR REVENUE, High Court for the State of Telangana. touTl

7. Two CD Copies. BSK HIGH COURT SK,J DATED:2910112025 ORDER WP.No.28615 of 2019 1, rrE STale 't !< ''( r o 21 tlAR 2[25 t t) l: i r,,rTC + DISPOSING OF THE WRIT PETITION WITHOUT COSTS CBP, tA"' l'l