IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRTY FIRST DAY OF JULY TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 11198 of 2008 Between: Suravarapu Satyanarayana, s/o. Pedasuryarao, Present, Water Users Association, No. 21, and President of Distributory Committee, No. 5, Pithapuram, r/o. Agraharam, Pithapuram (M), East Godavari District. ..... PETITIONER AND 1 The Engineer-in-Chief, Irrigation, Government of Andhra Pradesh, Hyderabad. 2 The Superintending Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District. 3 The Executive Engineer, Hydrology, Dowlaiswaram, East Godavari District at Kakinada 4 The District Election Authority and the District Collector, East Godavari District at Kakinada. 5 Tummala Election @ Venkataramana Murthy, S/o. Satyanandam, Jalluru, Pithapuram Mandal, East 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, and declaring the action of the 1st respondent contained in proceedings No. No. ENC(1)/DCE (GDS)/OT.I/AEE.2/D.C. Election-W.U.A. dated 12-5- 2008, disqualifying the petitioner from the electoral oﬃce as Member of T.C. No. 2, President of W.U.A. No. 21 at Pithapuram, and president of Distributory Committee No. 5, Pithapuram, as arbitrary, without jurisdiction, and ultra-vires under the provisions of the constitution of India, and consequently direct the respondents to forbear from interfering with the right of the petitioner to function as elected member and president of WUA No. 21 at Pithapuram, and president of Distributory Committee No. 5, Pithapuram, East Godavari District, and grant Counsel for the Petitioner:MR.V.VENKATARAMANA Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORAL ORDER: The Writ Petition is directed against the order of the 1st respondent bearing Reference No. ENC(1)/DCE (GDS)/OT.I/AEE.2/D.C.Election-W.U.A., dated 12.5.2008, wherein and whereunder the petitioner is declared disqualiﬁed to be a member of Territorial Constituency No.2; President of the Water Users Association No.21, Pithapuram and President of the Distributory Committee No.5, Pithapuram. An appellate remedy against this order is available to the Commissioner, Command Area Development Authority, Government of Andhra Pradesh, Hyderabad. At the hearing today, the learned counsel for the petitioner V. Venkataramana; the learned counsel for the Respondent No.6 Sri V.V. Narayana Rao; the learned Government Pleader for Irrigation appearing for Respondents 1 to 4; and Smt A. Jayanthi, learned counsel for the 5th respondent submit that the petitioner should more appropriately pursue the appellate remedy. In the circumstances, the Writ Petition is disposed of with liberty to the petitioner to approach the Commissioner, Command Area Development Authority, Government of Andhra Pradesh, Hyderabad by way of an appeal against the order impugned, under Rule 17 of the A.P. Farmers Organization Rules, 1997, as amended by the Rules notiﬁed in G.O.Ms.No.53, Irrigation and Command Area Development (General. IV) Department, dated 11.4.2008. The interim order granted by this Court on 29.5.2008 stands dissolved. There shall be no order as to costs. GODA RAGHURAM, J Date: 31.7.2008 cvm