IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE EIGHTEENTH DAY OF APRIL, TWO THOUSAND EIGHT ONLY PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28588 of 2007 Between: B. Rajeshwar Reddy & another … Petitioners AND The District Collector, Kurnool district & others. … Respondents Counsel for the petitioners : Sri Vinay Kamisetty Counsel for respondents 1 to 5: AGP for Irrigation This Court made the following: THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.28588 of 2007 ORDER:- This writ petition is filed for a writ of mandamus to declare the inaction of respondent Nos.1 to 5 in preventing respondent Nos.6 to 14 from drawing water illegally by laying pipes attached to fuel pumps in Venkatapuram Village, Dhone Mandal, Kurnool District, as illegal and arbitrary. Heard Sri Vinay Kamisetty, learned counsel for the petitioners and the learned Assistant Government Pleader for Irrigation for respondent Nos.1 to 5. The grievance of the petitioners is that respondent Nos.6 to 14, who are not ayacutdars of Venkatapuram cheruvu, have been drawing water by laying pipes unauthorizedly and despite the said fact having been brought to the notice of respondent Nos.1 to 5, they have not been taking any action. In the counter affidavit filed by respondent No.3, it is submitted as under: “5 (a) The lands of unofficial respondents are above and adjacent to foreshore area of Venkatapuram M.I. Tanki and are at higher elevation and above M.W.L. of tank. (b) It is common practice being with the ryots of upper land to dig wells in their lands and utilize the water to irrigate the crops in their ayacut for their livelihood. (c) No motors and pumps are found drawing water from Venkatapuram Cheruvu or in their fields. (d) On enquiry with local ryots, it is revealed that during the period of excess rainfall and when tank surpluses the well is filled once in that season and is being used for their crops and is future necessary instructions will be issued not to use/draw the water from the tank.” In paragraph 7, it is stated that petitioner No.1 being the President of Water Users Association should have initiated steps under the A.P. Farmers Management of Irrigation System Act, 1997 by imposing penalties for misuse and wastage of water and tampering or damaging with the network controls, Sluices and outlets. No reply affidavit has been filed controverting the averments contained in the counter affidavit. Having regard to the contents of the counter affidavit, it is not possible for this Court to decide the disputed question of fact as to whether respondent Nos.6 to 14 have been unauthorizedly drawing water or not. At any rate, as pointed out by respondent No.3, petitioner No.1 being the President of the Waters Users Association is entitled to initiate appropriate steps under the provisions of the abovementioned Act to prevent respondent Nos.6 to 14 from drawing water unauthorizedly, if his allegation is correct. Subject to the above observations, the writ petition is disposed of. As a sequel to disposal of the writ petition, WPMP.No.37349 of 2007 filed by the petitioners for interim relief is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 18.04.2008 ES