THE HON’BLE SRI JUSTICE C.V.BHASKAR REDDY

ORDER:

This writ petition is filed seeking following relief:

“For the reasons stated in the above accompanying affidavit, the petitioner herein prayed that this Hon’ble Court may be pleased to issue an appropriate Writ, Order or Direction, more particularly one in the nature of Writ of Mandamus, directing respondent no. 3, to unseal the borewell at property bearing no. 9-3-120/29/C, situated at Durga Nagar, Shahtamnagar, Towfi Chowki, Hyderabad, immediately and consequently declare the action of respondent no. 3 are contrary to article 14 and principles of natural justice and to pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case and in the interest of justice.”

2. It is stated that the petitioner is running drinking water supply business at premises bearing No.9-3-120/29/C, situated at Durga Nagar, Shahtamnagar, Towli Chowki, Hyderabad (for short, ‘the subject premises’), after obtaining license from Ministry of Micro, Small and Medium Enterprises (MSME) from Government of India, Labour License for Water Plant and Water Tanker supply from Government of Telangana and paying income tax, TDS on the said water business. It is further stated that the 3rd respondent visited the site on 06.05.2025 along with other officials and sealed the borewell without issuing any notice to the petitioner. The grievance of the petitioner is that he submitted a representation on 11.06.2025 for unsealing the borewell, but till date the said representation has not been considered by the 3rd respondent. Hence, the present writ petition.

3. Considered the submissions made by learned counsel for the petitioner and learned Assistant Government Pleader for Revenue appearing for the respondents and with their consent, this writ petition is disposed of at the admission stage.

4. Learned Assistant Government Pleader for Revenue appearing for the respondents has submitted that the petitioner has neither obtained any permission for digging the borewell nor the existing borewell was registered under the provisions of the Telangana Water, Land and Trees Act, 2002 (for short, ‘the WALTA Act’). Learned Assistant Government Pleader further submitted that acting on the complaint of the neighbouring owners of the locality that the petitioner is utilizing the borewell for commercial purpose, the 3^rd respondent has sealed the borewell. Learned Assistant Government Pleader further submitted that the respondent authorities will conduct appropriate enquiry and if the borewell existing in the subject premises is not utilized for commercial purpose, the respondent authorities will unseal the said borewell and if the borewell is found to be utilized for commercial purpose without obtaining any permission under the provisions of the WALTA Act, the respondent authorities will take appropriate action.

5. In view of the above submission, keeping in view the difficulties being faced by the residents of the locality, more particularly in Summer season and if the borewell in the subject premises is used for commercial purpose, then the ground water level will be reduced, which would cause inconvenience to the neighbouring owners of the locality and since the petitioner has not obtained any permission under the provisions of the WALTA Act, he is not having any right to approach this Court on the ground of violation of principles of natural justice. Therefore, this Court is not inclined to grant any relief to the petitioner. However, if the petitioner is having any documents in support of his case, then he is permitted to make an application to the respondent authorities by enclosing all the documents in support of his case within a period of one (01) week from today. In the event of such application being made by the petitioner and if the same fulfills all the requirements under the provisions of the WALTA Act and the Rules made thereunder and if the petitioner’s borewell is not used for