THE HON’BLE SRI JUSTICE D.S.R.VARMA AND THE HON’BLE SRI JUSTICE G.CHANDRAIAH Taken Up Writ Petition No.5602 of 2000 Oral Order: (per D.S.R.Varma, J.) Heard the learned Government Pleader for Irrigation and Command Area Development appearing for respondents 1, 2 and 5 to 7; and Sri N.Vasudeva Reddy, learned Counsel appearing for respondent No.3, since respondent No.4 refused notice vide Cause List. 2. This writ petition is taken up on the basis of the petition by the petitioners herein. The reliefs sought in the writ petition are : (i) Directing the concerned authorities to release sufficient water to 29th Distributory Canal; (ii) Declaring the areas of the petitioners (farmers) as drought effected and extend all benefits to them by waiving the revenue tax, water cess, postponement of repayment of loans and other benefits applicable; and (iii) For payment of compensation to the petitioners in the interest of justice. 3. The main grievance appears to be that sufficient water to Sub Distributory Canals 7, 9, 9/A, 11 and 12 of 29th Distributory Canal was not released under Rajolibanda Distributory Systems, on account of which crops raised by the petitioners belonging to Bankuru village, Manopad Mandal, Mahabubnagar district have been dried and the petitioners were being sustained heavy losses since last 5 years due to irregular and insufficient water supply, due to which there was heavy failure of crops resulting farmers incapable of paying land revenue and other taxes. 4. In the light of the said grievances expressed and the relief sought for, upon the notices issued by this Court, the Superintending Engineer, PJP Circle No.1, Gadwal, Mahabubnagar district, who is respondent No.3, has filed counter-affidavit giving out all the details of various steps that have been taken with regard to the grievances expressed by the farmers in the writ petition. The most important aspect from the counter-affidavit that could be seen is that the Government of Andhra Pradesh vide G.O.Ms.No.115 IRRIGATION & C.A.D. (PW-Major Irr-VIII(2)) DEPARTMENT, dated 05-7-2005, have decided to modernize the Rajolibanda Diversion Scheme canals duly sanctioning an amount of Rs.72 Crores; that entire Rajolibanda Diversion Scheme works were divided into 8 packages, out of which 4 packages are in Karnataka State area and 4 packages are in Andhra Pradesh area; that the works falling in Andhra Pradesh area are in progress to a considerable extent of 50 per cent and the remaining will be completed during forth-coming canal closure period; that regarding the works falling in Karnataka State, tenders are called for and work will be commenced from April, 2008 and that after completion of works, water will be supplied to the tail-end ayacutdars. 5. It is further submitted in the counter-affidavit that regarding waiving of revenue cess and postponement of repayment of loans are concerned, it is a matter to be considered by respondent No.5-The District Magistrate and Collector, Mahabubnagar and respondent No.2-Deputy Registrar cum Officer on Special Duty, District Cooperative Central Bank Limited, Mahabubnagar district. 6. Having regard to the facts stated in the counter-affidavit, we are convinced that the respondents have taken reasonable care in alleviating the ooze of the farmers of Bankuru (Bonkuru) village, Manopad Mandal, Mahabubnagar district. 7. However, regarding the concession of taxes etc., this Court cannot play any role by way of directing the Government functionaries to waive various taxes i.e., water cess etc. It is for the concerned authorities, as stated in the counter-affidavit i.e., the District Magistrate and Collector, Mahabubnagar and the Deputy Registrar cum Officer on Special Duty, District Cooperative Central Bank Limited, Mahabubnagar etc., and the financial institutions like banks to consider the same and we are of the hope and trust that the respondents also would proceed in that direction to augment the destructible conditions of the farmers. 8. For the foregoing and in view of the statements made by respondent No.3-the Superintending Engineer, PJP Circle No.1, Gadwal, Mahabubnagar district in the counter-affidavit, we do not find anything further to adjudicate in this writ petition. 9. Accordingly, with the above observations, the taken up writ petition is closed. No costs. ____________________ JUSTICE D.S.R.VARMA ____________________ JUSTICE G.CHANDRAIAH 31st March, 2008. Ak