Telangana High Court
WP/15466/2008 of Mora Bhadresham Vs The State of AP rep. by its Secretary on 24 December 2008
COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE C.V.RAMULU WRIT PETITION NO:15466 of 2008 Between: Mora Bhadresham S/o.Anjaiah R/o. Deshaipet Grampanchayat,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD(Special Original Jurisdiction)
WEDNESDAY, THE TWENTY FOURTH DAY OF DECEMBERTWO THOUSAND AND EIGHT
PRESENT
THE HON'BLE MR JUSTICE C.V.RAMULU
WRIT PETITION NO:15466of2008
Between:
Mora Bhadresham S/o.Anjaiah
R/o. Deshaipet Grampanchayat, Choppadandi Mandal, KarimnagarDistrict.
..... PETITIONER
AND
1 The State of AP rep. by its Secretary Irrigation and Command AreaDevelopment, Secretariat,Development, Secretariat, Hyderabad.
2 The District Collector, Karimnagar.
3 The District Panchayat Raj Officer, Karimnagar.
4 Revelli Grampanchayat Rep. by its Sarpanch, Revelli Village, Choppadandi Mandal, Karimnagar District. Choppadandi Mandal, Karimnagar District.
.....RESPONDENTS
Petition under Article 226 of the constitution of India praying thatin the circumstances stated in the Affidavit filed herein the High Courtwill be pleased to issue a Writ or order/s more particularly one in thenature of Writ of Mandamus declaring the proceedings videD4/2255/07 dated 28.8.2007 issued by the 2nd respondent as beingillegal, arbitrary and without jurisdiction and consequently direct therespondents no.1 to 3 to forthwith take necessary action for clearlyearmarking the bund area of Deshaipet Grampanchayat and RevelliGrampanchayat in Sy.No. 1143 covering tank bund area of peddacheruvu.
Counsel for the Petitioner:MR.B.VIJAYSEN REDDY
Counsel for the Respondents:GP FOR IRRIGATION & COMM
AREA DEV.
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ORDER:
This writ petition is filed seeking a mandamus declaringproceedings No.D4/2255/07, dated 28.08.2007 issued by the secondrespondent as arbitrary and illegal and consequently, directrespondents 1 to 3 to forthwith take necessary action for clearlyearmarking the bund area of Deshaipet and Revelli Gram Panchayatsin Survey No.1143 covering the tank bund area of peddacheruvu.
It is the case of the petitioner that he is the Sarpanch ofDeshaipet Gram Panchayat, Choppadandi Mandal, KarimnagarDistrict. The erstwhile Ragampet revenue village of ChoppadandiMandal was divided into four separate Gram Panchayats as per thegazette notification, dated 20.06.2002. The survey numbers ofRagampet revenue village was divided into four parts and published inthe said gazette. Survey No.1143 Shikam admeasuring Acs.218.30guntas covering the tank bed area of peddacheruvu was divided intotwo equal parts i.e. Acs.109.15 guntas allotted to Revelli GramPanchayat, fourth respondent, and Acs.109.15 guntas was allotted toDeshaipet Gram Panchayat. The Mandal Revenue Officer,Choppadandi Mandal, has inspected the spot and got measured thebund length. The bund measured 1410 meters. Basing on the notifiedshikam area, the total length of the tank bund was divided into twoequal parts. The bund starting from northern side to 705 meters
distance point at Katta Mysamma tree has been earmarked to RevelliGram Panchayat (fourth respondent) and the rest of the length of thetank bund right from 706 point to end of 1410 meters i.e. southern sideof the bund has been earmarked to Deshaipet Gram Panchayat and itwas approved by the Government. However, in view of certaindisputes, Revelli Gram Panchayat, fourth respondent, filedW.P.No.7447 of 2007 before this Court against the second respondentand the petitioner herein alleging that the Mandal Revenue Officerwithout issuing notice has divided the tank bund and other areas.Later, the Sarpanch withdrew the writ petition with liberty to thepetitioner to challenge the bifurcation of the Gram Panchayats. Whilethe matter stood thus, the second respondent issued the impugnedproceedings, dated 28.08.2007 directing all the Officers to maintainstatus quo as on the date of the draft publication of changes dulyfollowing the instructions given by the Government till the settlement ofthe constituencies by the Commission and final publication of theareas of Karimnagar gazette after disposal of claims and objectionsreceived from all the representatives by the second respondent.According to the petitioner, this is an arbitrary action on the part of therespondents in keeping the matter in abeyance, though it wasapproved by the Government.
A detailed counter-affidavit has been filed by the firstrespondent. It is stated that Peddacheruvu, Ragampet Village ofChoppadandi Mandal, Karimnagar District, is having an ayacut of 560acres and is under the control of Irrigation Division, Karimnagar. Thetank was formed long back. Most of the submergence area of the tankis situated in Regampet Village only. Further, the election wasconducted to the Water Users Association of Peddacheruvu, Ragampet Village of Choppadandi Mandal on 23.10.2003, 07.01.2006and 19.01.2008 on rotation system as per Andhra Pradesh FarmersManagement of Irrigation Systems Act, 1997 (for short ‘the Act’). Theprocess of delimitation of the constituencies is completed and as soonas the Government orders are received, the objections andsuggestions will be received and then, it will be approved by thecompetent authority. The division of the tank bund including sluicesarea of Peddacheruvu is not proper and it is not possible to maintainthe tank, since two sources consisting one continuous bund. Moreover,the right and responsibility of the tank lies with the Water UsersAssociation as per Section 17 read with Section 22 of the Act and Rule5 of the Rules.
Be that as it may, it appears, since the delimitation work of theconstituencies was in progress at a particular point of time, the casewas not taken up for demarcating the tank bund between the twovillages i.e. Deshaipet and Ragampet Villages, as such, it waspending. Now, the delimitation to the constituencies has beencompleted.
Under those circumstances, respondent Nos.1 and 2 are directedto conduct fresh enquiry into the matter after issuing notice to both theparties and consider giving effect to the approval given by theGovernment earlier for the purpose of dividing the bund area of thepeddacheruvu tank between Deshaipet and Ragampet Villages. Therespondents shall complete this exercise within a period of two monthsfrom the date of receipt of a copy of this order.
The writ petition is accordingly, disposed of. No costs.
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24[th] DECEMBER, 2008
kvni
C.V.RAMULU, J