IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY SIXTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No. 26991 of 2001 Between: 1 Devaram Venkat Reddy, S/o Seetaiah, Munagala, Nalgonda District. 2 Devaram Andalamma, W/o Seetaiah, Munagala, Nalgonda District. 3 Aluguballi Narayan Reddy, S/o Gopaiah, Munagala, Nalgonda District. 4 Aluguballi Venkat Reddy, S/o Narayan Reddy, Munagala, Nalgonda District. 5 Aluguballi Seetharami Reddy, S/o Narayan Reddy, Munagala, Nalgonda District. 6 Sareddy Anji Reddy, S/o Rami Reddy, Narayanagudem, Nalgonda District, 7 Sareddy Venkat Reddy, S/o Rami Reddy, Narayanagudem, Nalgonda District, 8 Gopireddy Rami Reddy, S/o Narsi Reddy, Narayanagudem, Nalgonda District, 9 Veeravalli Annapurna, W/o Chandra Reddy, Narayanagudem, Nalgonda District, 10 Somireddy Laxmamma, W/o Veera Reddy, Narayanagudem, Nalgonda District, 11 Somireddy Venkat Reddy, S/o Lachhi Reddy, Narayanagudem, Nalgonda District, 12 Gopireddy Seshi Reddy, S/o Anuma Reddy, Narayanagudem, Nalgonda District, 13 Gopireddy Veera Reddy, S/o Anuma Reddy, Narayanagudem, Nalgonda District, 14 U.Saidhi Reddy, S/o Veera Reddy, Narayanagudem, Nalgonda District, 15 Madduri Laxchi Reddy, S/o Koti Reddy, Narayanagudem, Nalgonda District, 16 Annam Veera Reddy, S/o Venkat Reddy, Narayanagudem, Nalgonda District, 17 Gopireddy Jammi Reddy, S/o Narsi Reddy, Narayanagudem, Nalgonda District, 18 Gopireddy Narsi Reddy, S/o Koti Reddy, Narayanagudem, Nalgonda District, 19 Gopireddy Narsi Reddy, S/o Hanuma Reddy, Narayanagudem, Nalgonda District, 20 Annam Pulla Reddy, S/o Koti Reddy, Narayanagudem, Nalgonda District, 21 Gaddam Nagaiah, S/o Lingaiah, Narayanagudem, Nalgonda District, 22 Sareddy Govinda Reddy, S/o Rami Reddy, Narayanagudem, Nalgonda District, 23 Moorthala Lakchi Reddy, S/o Jammi Reddy, Narayanagudem, Nalgonda District, 24 Gandu Venkataiah, S/o Hanumanthu, Narayanagudem, Nalgonda District, 25 Palle Venkaiah, S/o Guravaiah, Narayanagudem, Nalgonda District, 26 Gopireddy Narayana Reddy, S/o Anthi Reddy, Narayanagudem, Nalgonda District, 27 Gopireddy Sathyanarayana Reddy, S/o Koti Reddy, Narayanagudem, Nalgonda District, 28 Rekha Nagaiah, S/o Lingaiah, Narayanagudem, Nalgonda District, 29 Gopireddy Koti Reddy, S/o Anki Reddy, Narayanagudem, Nalgonda District, 30 Palle Janareddy, S/o Saidhi Reddy, Narayanagudem, Nalgonda District, 31 Gopireddy Pamulaiah, S/o Narayana Reddy, Narayanagudem, Nalgonda District, 32 Moorthala Rami Reddy, S/o Venkata Narsi Reddy, Narayanagudem, Nalgonda District, 33 Moola Venkat Reddy, S/o Kesava Reddy, Narayanagudem, Nalgonda District, 34 Gopireddy Narayana Reddy, S/o Hanuma Reddy, Narayanagudem, Nalgonda District, 35 Gaddam Veeraiah, S/o Guravaiah, Narayanagudem, Nalgonda District, 36 Rajula Kumaraiah, S/o Lingaiah, Narayanagudem, Nalgonda District, 37 Suragani Venkanna, S/o Ramaiah, Narayanagudem, Nalgonda District, 38 Betham Venkat Reddy, S/o Krishna Reddy, Narayanagudem, Nalgonda District, ..... PETITIONERS AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Irrigation Department, Secretariat, Hyderabad. 2 The Superintendent Engineer, Nagarjuna Sagar Project, Left Canal, Tekulapalli, Khammam District. 3 The Deputy Executive Engineer, Nagarjuna Sagar Project, Nayakan Gudem Village, Kusumanchi Mandalam, Khammam District. 4 The Assistant Engineer, Nagarjuna Sagar Project, Left Canal, Nadigudem Village & Mandal, Nalgonda District. 5 The Executive Engineer, Nagarjuna Sagar Project, Left Canal, Tekulapalli, Khammam District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the aﬃdavit ﬁled herein the High Court may be pleased to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus, directing the respondents to supply water to irrigate the lands of the petitioners, which are situated within the Ayacut of R-9, Bharagath Gudem Village,Munagala Mandal, Nalgonda District, which are shown in the annexuure-1, or in the alternative permit the petitioners to irrigate the lands shown in the annexure-1 by lifting water with their own electric motors directly from Nagarjuna Sagar Left Canal, as was being done by the petitioners for the last 15 years. Counsel for the Petitioners: MR.P.KRISHNA REDDY Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON’BLE SRI JUSTICE V.ESWARAIAH Writ Petition No.26991 of 2001 ORDER: Heard the learned counsel for the petitioners and the learned Government Pleader for Irrigation and Command Area Development. Petitioners seek a Writ of Mandamus directing the respondents to supply water to irrigate their lands, particulars of which are shown in annexure-I of the writ petition, which are situated within the ayacut of R-9 of Bharagath Gudem village, Munagala, Nalgonda District or in the alternative to permit them to irrigate the said lands by lifting water with their own electric motors directly from Nagarjuana Sagar Left Canal, as was being done by them for the last 15 years. This Court on 04.01.2002 made the following order: “It is stated by the learned Government Pleader for Irrigation that water distribution to the ryots was handed over to Lift Irrigation Societies and Distributory Committees who in turn distribute the water to all ryots whose lands fall within the ayacut of Lift Irrigation Scheme. The complaint of the petitioners is that due to non- functioning of the motors, which are running by the societies and also distributory committees, they are not in a position to supply water and the petitioners may be permitted to draw water by installing their own motors. Learned counsel for the petitioners represents that the Lift Irrigation Societies and Distributory Committees called for tenders for repair of the motors and non supply of water due to failure of motors, the crops raised by the petitioners will be withered away. In view of the fact that due to failure of motors if water is not supplied in time, the crops will be damaged and transplantation will be delayed. Having regard to the facts and circumstances, the authority under scheme L.9 Bharagath Gudem village Mungala Mada, Nalgonda District, which distributes the water through lift irrigation scheme, is permitted to distribute water to the ayacutdars by using the motors provided by the petitioners, so that they can supply water equally from the oﬀ take point to the lands which are covered by localized ayacutdars under Lift Irrigation Scheme.” As no counter is forthcoming and having regard to the facts and circumstances of the case, the writ petition is disposed of in terms of the order, dated 04.01.2002, passed in W.P.M.P.Nos.621 of 2002 and 34137 of 2001. There shall be no order as to costs. _______________ (V.Eswaraiah,J) 26th August 2008 sh s