IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JUNE TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3603 of 2007 Between: Mannavaram Water Users Association, Chittoor District. ..... Petitioner AND The State of A.P., rep., by its Chief Engineer, Minor Irrigation, Hyderabad & others. .....Respondents Counsel for the petitioner: None Counsel for the respondents: AGP for Irrigation & CAD The Court made the following: THE HON'BLE MR JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.3603 of 2007 ORDER: At the interlocutory stage, the Writ Petition is taken up for hearing and disposal. This Writ Petition is filed for a Mandamus to declare the inaction of the respondents in releasing the amounts in terms of proceedings dated 21.12.2006 and 18.08.2006 issued by respondent Nos.1 and 2 respectively and in not entrusting the works in favour of the petitioner association, as illegal and arbitrary. The petitioner sought for a consequential direction to the respondents to act upon proceedings dated 21.12.2006 and 18.08.2006 issued by respondent Nos.1 and 2 respectively. In the counter-affidavit filed by the Deputy Executive Engineer, Irrigation Sub Division, Srikalahasthi, Chittoor District, respondent No.3, while denying the allegation of inaction made by the petitioner, it is inter alia stated that the Government has been releasing the funds from time to time for restoration of the tanks, which require immediate repairs. Respondent No.3 admitted that respondent No.2 has issued proceedings dated 18.08.2006 for restoration of damaged minor irrigation tanks and also accorded administrative approval for restoration of work to sluice No.2 of Mannavaram tank with the cost of Rs.2.30 lakhs, that the approval was accorded during December 2006 by which time the tank received water and that therefore no action was taken on the said approval. It is further stated that temporary restoration work was taken up and the standing crops were saved during that period. Respondent No.3 further stated that an agreement was concluded by the Executive Engineer, Irrigation Division, Srikalahasti vide agreement No.225 dn/06-07, dated 27.01.2007 in respect of the cyclone damage repair work to sluice No.2 of Mannavaram tank. As regards the cyclone damage repair for closing breach and restoration of tank bund of Mannavaram Chinnacheruvu, it is stated that respondent No.1 has issued proceedings dated 21.12.2006 and that action is being taken for entrustment of work to the petitioner in terms of G.O.Ms.No.46, dated 24.02.2007. Respondent No.3 reiterated that the proposed permanent restoration work will be entrusted to the petitioner association as per the said G.O. No reply affidavit is filed controverting the above allegations made in the counter-affidavit. As the grievance of the petitioner raised in this Writ Petition is fully addressed in the counter-affidavit by positively responding thereto, I do not find any need to issue Mandamus, as sought for by the petitioner in this Writ Petition. For the abovementioned reasons, the Writ Petition is closed. As a sequel to disposal of the Writ Petition in the manner indicated above, WPMP.No.4584 of 2007 filed by the petitioner for interim is disposed of as infructuous. ____________________________ C.V.NAGARJUNA REDDY, J Date: 16.06.2011 ES