I, Smt.P.Padmavathi, Wo. S.Raghu Ram, aged 37 years,

Transcription

1 IN THE HIGH COT]RT OF JUDICATURE AT FTYDERABAD For The State oftelangana and The State ofandhra Pradesh Between: W.P.No of 2015 Achanta Vcera Lakshmi. AND l.the State ofandhra I'radesh, rep.hy its Principal Secretary, Revenue Depa,'tment, A.P. Secretariat. Hy derahrd and ot rers.... Petitioner.... ResPondents ' COT]NTER AFFIDAVIT FILED BY TIIE RESPOI\DENT N.O.4 I, Smt.P.Padmavathi, Wo. S.Raghu Ram, aged 37 years, R/o.Nallajerlq Occu: Tahsildar, Nallajerla Mandal, West Godavari District, do hereby solemnly affirm and sincerely state on oath as follows: l. I am the 4s respondent herein and as such, I am well acquainted with the facts ofthe case. I have read the affidavit filed in support ofthe Writ Petition and I deny all the allegations made in the affidavit except those that are specifically admitted herein. 2. It is submitted that Smt. Achanta Veera Lakshmi Wo Arjuna Rao of Thimmapuram Village (V) of D.Tiru- mala Mandal has filed a W.P.No belore the Hon'ble High Court of A.P., Hyderabad against the State of A.P Rep.by its Principal Secretary, Rev.Dept.,Hyderabad as l" Respondent and the District Collector, W.G, Eluru as 2nd Respondent and others, requesting to direct the Respondents to declaring and suspend the proceedings in D.Dis.No.289/2015/DT, dt of the Tahsildac Nallajerla (i.e) 4t Respondent regarding to disconnect the power supply of bore well electrification in the land Ac.5.88 in R.S.No. 445l2 of Dubacherka Village(V)of Nallajerla Mandal. )# Man.al hlbhl.'.v.lplrlfitalficrr Manarl lr1. Ptt$ra, Nrlq.d. TRfftIESAR NALI.AJERLA

2 2 3. The brief history of the case is that Kakrla Seshagiri Rao S/o Gangaraju and others of Musullakunta tvo Dubacherla Village of Nallajerla Mandal have put in a petition to the District Collector,W'G, Eluru(2"d Respondent) in Prajavani (Complaint No.91858,dt' ),requesting to stop the digging of new Agricultural Bore-well by Smt' Achanta Veera Lakshmi of Thimmapuram (V) of D.Tirumala Mandal which is Meters nearest distance to the existing Agrl'Electrical Service No.733 and 1753 and cancellation of her Electrical Service under WALTA Act. Thereby the Tahsildar, Nallajerla (4ft Respondent) has directed the VRO, Dubacherla to enquire into the matter and submit report'the Village Revenue Officer, Dubacherla(5h Respondent) has reported to the Tahsildar, Nallajerla (4ft Respondent) on that the Petitioner Smt. Achanta Veera Lakshmi having an extent of Ac'5'88 in R'S'No'445/2 of Dubacherla Village and there is a l0 years old Bore-well in the land and that she applied for Electrical service connection for this Bore-well and accordingly, tiie then Tahsildar. Nallajerla was issued Certificate'' dt.l for Electricityconnection. But, now on verification' she was digging a new Bore-well which only 50M distance to the existirig Old Bore-well without prior permission fiom the Ground Water Dept'and that to stop her Electricity service connection as she was mis-utilised this connection to the New Bore-well instead of Old Bore-well' Thereupon, the Tahsildar, Nallajerla has issued a Notice to the Petitioner in Roc.No.l /DT, dt.3l informed that to stop the works of New Bore-well in R.S No 445/2 Ac'5'88 of Dubacherla Village and attend before the Tahsildar, Nallajerla within two days from the date of receipt of this Notice with all relavant records and submit uritten explanation in the matter and the Notice was also served on the Petitioner. But, the Petitioner did not tum up to attend before the Tahsildar' Naltajerla and not produced any documentary evidence to that effect' Aggrieved by this, the Petitioner has filed a W P'No' before the Hon'ble High Court of Judicature and the Hon'ble Attestor,,d oarpa6n.o ltv.99manlg \. Mar6.J ml. latuh.( I'Lll4.ll ralla'erla

3 3 passed orders that" directing respondents 3to 6 to take appropriate further steps by fixing the Electricity meter and releasing power supply to the petitioner's bore-well in the aforesaid land within a period of two weeks from date of receipt of this ordef in W.P.M.P No.17050/2015 in W.P.No. I2963/20I 5dt I 5. Thereby, Sri Kakrla Seshagiri Rao S/o Gangaraju and others of Musullakunta FVo Dubacherla Village of Nallajerla Mandal have filed a W.P.No /2015 before the Hon'ble High Court of Judicature and the Hon'ble High Court passed orders that" directed the 3'd respondent(i.e) Sri Kakla Seshagiri Rao etc., resolve the dispute and pass aprropriateorders in accordance with law expeditiously and the W.P. is disposed of in W.P.No. I 1699/2015,dt According to the orders passed by the Hon'ble High Court in W.P.No /2015,dt , the Tahsildar, Nallajerla has issued a Notice to the Petitioner in L.Dis.No.289l2}l5, dt that to attend before the Tahsildar, Nallajerla within two days from the date ofreceipt of this Notice with all relevant records and submit written explanation in the matter ard the Notice was also served on the Petitioner on ' But, the Petitioner did not tum up to attend before the Tahsildar, Nallajerla and not produced any documentary evidence to that effect and also not submitted any written explanation to the Tahsildar, Nallajerla in the matter. The petitioner also not stopped the New Bore-well works in the lands in question as the Hon'ble High Court passed orders in W.P.No ' dt.0l in the matter. Thus, it proved that the petitioner digging a new Bore-well unauthorisedly without prior permission from the Ground water Dept. and she also obtained the Certificate for Electrical service connection for the New Bore-well on the support to the Certificate,dt' of the Tahsildar, Nallajerla and it is quite irregular and objectionable as per the WALTA Act beyond all reasonable doubts' WI.q.{istor-,,*',,,BidlPadtMS$$.Sc--** lf,loliffrpiil.r'ur**r,l TRIISilEUAR t{allajefla

4 4 In the above circumstances, the Tahsildar, Nallajerla has enquired into the matter and passed orders in Proceedings D.Dis.No.289l20l5lDT, dl.o that cancelled the Etectrical service connection for the new Bore- well which obtained on the support ofthe Certificate,dt' l issued by the Tahsildar, Nallajerla after observing all due course ofprocess under provisions of the A.P. WALTA Act,2002. While the matter stands thus, the Petitioner has filed a W P'No' before the Hon'ble High Court of Judicature and the Hon'ble High Court passed orders that " Status quo to be maintained till then' in W.P.M.P No in W.P.No , dt ' 4. In reply to Para 2 ofthe affidavit, it is submitted that the contention ofthe petitioner is not correct as the Tahsildar, Nallajerla has enquired into the matter and passed orders in Proceedings D.Dis.No'289/2015/DT' dt that cancelled the Electrical service connection for the new Bore- well which obtained on the support ofthe Certificatedt' issued by the Tahsildar, Nal$erla after observing all due course of process under provisions ofthe A.P. WALTA Act,2002 and thus, the 4ft respondent never violated the Articles-14,21 and ofthe Constitution oflndia' 5. In reply to Paras 3 and 4 of the affidavit, it is submitted that the contention of the petitioner is not true and tenable as petitioner is having an extent of Ac.9-77 covered by R.S.No.446 and R'S No of Dubacherla Village and there is a 10 years old Bore-well in the land and that she applied for Electrical service connection for this Bore-well and accordingly, the then Tahsildar, Nallajerla was issued Certificate, dt for Electricity connection. But, now on verification, she was digging a new Bore-well which only 50lvl distance to the existing Old Bore-well without prior pemrission from the Ground Water Dept' and she was mis-utilised this connection to the New Bore-well instead of Old Bore- NATLAJEFLA

5 5 well and it is liable to be cancelled under provisions of the A.P. WAITA Act,2002. Thus, the contention ofthe petitioner cannot be countenanced' 6. In reply to Paras 5 and 6 of the affidavit, it is submitted that the contention of the petitioner is utterly false as on the Notice issued by the Tahsildar, Natlaerla in Roc.No /DT, dt , the Petitioner has filed a W.P.No before the Hon'ble High Court of Judicature and the Hon'ble High Court passed orders thaf'directing respondents 3to 6 to take appropriate further steps by fixing the Electricity meter and releasing power supply to the petitioner's bore-well in the aforesaid land within a period of two weeks from date of receipt of this order" in W.P.No /2015,dt Thereby, Sri Kakrla Seshagiri Rao S/o Gangaraju and others of Musullakunta lvo Dubacherla Village of Nallajerla Mandal have filed a W.P.No before the Hon'ble High Court of Judicature and the Hon'bte High Court passed orders that" directed the 3'd respondent(i.e) Sri Kakrla Seshagiri Rao etc'' resolve the dispute and pass appropriate orders in accordance with law expeditiously and the W.P. is disposed of in W.P.No' 1l699l20l5dt'0\' According to the orders passed by the Hon'ble High Court in W.P.No /2015,dt , the Tahsildar, Nallajerla has issued a Notice to the Petitioner in L Dis.No.289/2015, dt' that to attend before the Tahsildar, Nallajerla within two days from the date ofreceipt of this Notice with all relevant records and submit written explanation in the matter and the Notice was also served on the Petitioner on ' But, the Petitioner did not tum up to attend before the Tahsildar' Nallajerla and not produced any documentary evidence to that effect and also not submitted any written explanation to the Tahsildar, Nallajerla in the matter' The petitioner also not stopped the New Bore-well works in the lands in question as the Hon'ble High Court passed orders in W P'No' ' dt.0l in the matter. Thus, it proved that the petitioner digging a new Bore-well unauthorisedly without prior permission from the Ground T NALLAJEFLA

6 6 water Dept. and she also obtained the Certificarc for Electrical servtce connection for the New Bore-well on the support to the Certificate,dt. l of the Tahsildar, Nallajerla and it is quite irregular and objectionable as per the WALTA Act beyond all reasonable doubts. The Petitioner suppressed the facts and mislead the Hon'ble High Court with malafide intention. 7. In reply to Para 7 ofthe affidavit, it is submitted that the contention of the petitioner is not correct as the Tahsildar, Nallajerla has issued a Notice to the Petitioner in L.Dis.No.289l20l5, dt.l that to attend before the Tahsildar, Nallajerla within two days from the date ofreceipt of this Notice with all relevant records and submit wfitten explanation in the matter and the Notice was also served on the Petitioner on But, the Petitioner did not tum up to attend before the Tahsildar, Nallajerla and not produced any documentary evidence to that effect and also not submitted any written explanation to the Tahsildar, Nallajerla in the matter. The petitioner also not stopped the New Bore-well works in the lands in question as the Hon'ble High Court passed orders in W.P.No /2015, dt.ol in the matter. It does not disclose any valid or substantial grounds warranting interference of this Hon'ble Court under Articles 14, 2land ofthe Constitution of India. Thus, the petitioner deserves no consideration. 8. In reply to Para 8 ofthe affidavit, it is submitted that the contention of the petitioner is entirely false as the Tahsildar, Nallajerla has enquired into the matter and passed orders in Proceedings D.Dis.No.289l20l5lDT, dt that cancelled the Electrical service corurection for the new Bore- well which obtained on the support ofthe Certificate,dt. I issued by the Tahsildar, Nallajerla after observing all due course of process under provisions of the A.P. WALTA Act,2002. Attestor MndrlPdhdD0v.logmo or'ict' Maiil PnF.hrbi.d' iltlhi''ia T^FELSITAR XALLAJEFLA

7 7 9. It is submitted that the contention ofthe petitioner is entirely false as the Respondents as it does not disclose any valid or substantial grounds warranting interference of this Hon'ble Court under Afiicle 226 of the Constitution oflndia as already explained in the preamble. 10. It is submitted that the contention ofthe petitioner is entirely false as it does not disclose any valid or substantial grounds waranting interference of this Hon'ble Court under Articles 14,21 & of the Constihrtion oflndia as already explained in the preamble. In the light of the above, It is submitted that the contention of the petitioner is entirely false as already explained in the preamble and previous paras. There are no merits in the Writ Petition. There is no legal validity. So the W.P.No and W.P.M.P No in W.P.No deserves to be dismissed. For the reasons stated above, it is therefore prayed that this Hon'ble Court may be pleased to dismiss the writ petition and pass such other orders as may be just. Solemnly and sincerely affrmed On this the day of August, 2015 and signed his name in my Presence. NALLAJERLA Before me \-D WV Attestor lf lt[ieonrl$n tltonc.r tllr d lnlrllrll.1 ulrl'rl

8 VERIFICATION I, Smt.P.Padmavathi, Wo. S.Raghu Ram, aged 37 years, R/o.Nallajerla, Occu: Tahsildar, Nallajerla Mandal, West Godavari District, do hereby veriff that the contents olparas 1 to 10 are true to the best of my knowledge, belief, information and as per records. Hence, verified on this the... day of August, Golt. Pleader for Revenue (A.P) -L- Jar$ssnn ilu.e.lerur