USKE vs District Collector

Ramesh Ranganathan, J.—The notice issued by the 3rd respondent dated 14.9.2012 whereby the petitioner was informed that, though he had permission to dig an agricultural bore well within a distance of 150 metres from the already existed well, he had violated the said permission by digging an agricultural well within 30 metres distance of the existing well. The petitioner was called upon to demolish the well and was informed that, otherwise, a criminal case may be filed against him. Learned Government Pleader for Panchayat Raj has brought to the notice of this Court the Circular resolution of the State Authority under the A.P. Water, Land and Trees Act, 2002 (WALTA) whereby the guidelines issued by the Ground Water Department, under Circular Memo dated 17.9.2004, were approved. As the said guide lines have been approved by the State Level Authority, it would amount to a direction u/s 13 of WALTA. The Government has also issued G.O.Ms. No. 227 dated 8.4.2013 prescribing guidelines pursuant to the resolution of the State Level authority. Thereafter the Commissioner of Rural Development was requested, by the Principal Secretary, Revenue vide memo dated 10.4.2013, to inform the contents of the said G.O. to all the District, Division and Mandal level Authorities, and other organizations involved in ground water development.

As guidelines have now been prescribed, for digging of an agricultural bore well at a specified distance from another agricultural bore well, the impugned order is set aside. The 3rd respondent shall, in terms of the guidelines issued in G.O.Ms. No. 227 dated 8.4.2013 and the earlier guidelines issued by the Ground Water Department in its Memo dated 17.9.2004, consider the petitioner's entitlement for digging a bore well, adjacent to the existing bore well, and communicate his decision to the petitioner within three weeks from the date of receipt of a copy of this order. It is made clear that, in case the bore well dug by the petitioner is in violation of the guidelines referred to hereinabove, the 3rd respondent shall put him on notice, give him an opportunity of being heard and, thereafter, pass orders in accordance with law. The Writ Petition is disposed of accordingly. The Miscellaneous Petitions pending, if any, shall also stand disposed of. However, in the circumstances, without costs.