WP/30849/2011 of B. Nagi Reddy, Vs The District Collector, on 29 December 2011

ORDER:

This writ petition is filed under Article 226 of the Constitution ofIndia to declare the inaction of the respondents 1 to 3 in closing theillegal feeder channel excavated by the respondents 4 to 6 inSy.No.236 to fill up the water to their dry well in Sy.No.232 situated atBanavasi village as illegal and arbitrary and consequently direct therespondents 1 to 3 to close the illegal feeder channel excavated bythe respondents 4 to 6 in Sy.No.236 to fill up the water to their drywell situated in Sy.No.232 of the said village and to prevent them fromillegal drawing water.

2. Heard.

3. It is stated in the affidavit filed in support of the petition that thepetitioners are permanent residentsof Banavasi village, YemmiganurTaluk, Kurnool District and living by cultivating their respective lands;that the petitioners are raisingpaddy in their respective lands andthat there are about more than Ac.25.00 cents of lands are beingirrigated by seepage water and several small farmers depending uponthe seepage water of PeddaVanka; that the respondents 4 to 6 arehaving land in Sy.No.232 to an extent of Ac.7.99 cents which isclassified as dry land; that the respondents 4 to 6 have purchasedland in Sy.no.236 with an intention to draw water from PeddaVanka to their land in Sy.No.232; that the respondents4 to 6 have dug a drywell inSy.No.232 and excavated illegal channel in Sy.No.236 to fill upwater in their dry well situated in Sy.No.232 and they are storing waterto their dry well; that since, the respondents 4 to 6 are drawing waterillegally from PeddaVanka, the petitioners and others could not raisepaddy in their respective lands; that the representationsdated27.7.2011 and 2.8.2011 were made to the respondents 1 to 3informing about the illegal acts of the respondents 4 to 6 andrequested theofficials to close the illegal channel excavated by therespondent 4 to 6 and to prevent them from drawing water illegally,but the respondents failed to take any action.Hence, the present writpetition.

4. The learned counsel for the petitioners contended that the-respondents 4 to 6 have dug the feeder channel unauthorisedly andtherefore, he prays to give a direction to the respondents 1 to 3 toclose the illegal feeder channel excavated by the respondents 4 to 6.

5. On the other hand, the learned standing counsel appearing forthe respondents 1 to 3 contended that appropriate decision will betaken by the 1strespondent in pursuance of the report of theThasildar, Yemmiganur, Kurnool District dated 30.8.2011 addressed tothe 1strespondent.

6. The Thasildar in his report has stated that the Mandal Revenue-InspectorII, Yemmiganur has recommended that the feeder channelwhich was excavated by the respondents 4 to 6 should be closed immediately and safe guard the interest of the petitioners. But,noaction has been taken by the 1strespondent in pursuance of the reportof the Thasildr dated 30.8.2011.

Hence, the writ petition is disposed of directing the 1st

6. Hence, the writ petition is disposed of directing the 1strespondent to take appropriate decision on the report submitted by theThasildar dated 30.8.2011, within a period of six weeks from the dateof receipt of copy of this order.No order as to costs.

29.12.2011,Gk.

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K.C.BHANU,J.

HON’BLE SRI JUSTICE K.C. BHANU

Gk.

WRIT PETITION No.30849 OF 2011

Date:29.12.2011