IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25671 of 2002 Between: 1 Ch. Sivarama Raju, S/o. Sivarama Raju, R/o. Yendagandi Village, Undi Mandal, West Godavari District. 2 Smt. Penmetsa Sarada, W/o. Raghava Raju, R/o. Panduvva Village, Undi Mandal, West Godavari District. 3 Ch. Sivarama Raju @ Mangapati Raju, S/o. S.R. Raju, R/o. Yendagandi Village, Undi Mandal, West Godavari District. ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Irrigation Department, Secretariat, Hyderabad. 2 Engineer-in-Chief, Irrigation Department, Punjagutta, Hyderabad. 3 Executive Engineer, Western Division Irrigation, Settipeta Village, Nidadavole Mandal, West Godavari District vole, West Godavari District. 4 Deputy Executive Engineeer, Irrigation, Undi Village, Undi Mandal, West Godavari District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in closing the sluice at Yendagandi Village, Undi Mandal, West Godavari District taking water from Undi Canal into Uppuluru Channel for irrigating the lands of the petitioners of Ac.11.74 cts. in S.Nos.58/3, 59/3, 58/2, 59/2, and 59/1 in Panduvva Village, of Ac.12.41 cts. in S.No.2 in Yendagandi Village and of Ac.12.63 cts. in S.Nos.81, 77/4, 79, 80/1 and 80/2 in Uppuluru Village in Undi Mandal, West Godavari District and also of others as illegal, arbitrry, discriminatory etc., and grant such other just and consequential relief or reliefs Counsel for the Petitioner: MR.V.V.L.N.SARMA Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: The petitioners seek to issue a writ of mandamus declaring the action of the respondents in closing the sluice at Yendagandi village, Undi Mandal, West Godavari District in taking water from Undi Canal into Uppuluru Channel for irrigating their lands in an extent of Ac.11.74 Cents in Sy.Nos.58/3, 59/3, 58/2, 59/2, and 59/1 in Panduvva village, an extent of land of Ac.12.41 cents in Sy.No.2 in Yendagandi village, an extent of Ac.12.63 cents in Sy.Nos.81, 77/4, 79, 80/1 and 80/2 in Uppuluru village in Undi mandal, West Godavari District, as illegal and arbitrary. The learned Government Pleader appearing for the respondents submits that the lands of the petitioners are not covered by notification for supply of water for the second crop for Fasli 1412. As seen from the record, no interim direction was granted by this Court and no water was given for the second crop for the said fasli and it is not known as to what happened to the subsequently fasli. However, it is open to the petitioners to make a representation to the authority concerned to include their lands also for irrigation facility if they are entitled and on filing such representation, it is for the respondents to consider and dispose of the same in accordance with law. Having regard to the facts and circumstances of the case, the writ petition is closed. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:07.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KRD}