IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE THIRTIETH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21843 of 2008 Between: 1 Mr. S. Krishna Reddy, S/o. Narayana Swami Reddy, R/o. Thondavada Village, Tirupathi Rural Mandal, Chittoor District. 2 Mr. S. Vijay Bhaskar Reddy, S/o. S. Krishna Reddy, R/o. Thondavada Village, Tirupathi Rural Mandal, Chittoor District. 3 S. Hari Sankar Reddy, S/o. S. Krishna Reddy, R/o. Thondavada Village, Tirupathi Rural Mandal, Chittoor District. 4 Smt. S. Rajamunemma, W/o. S. Krishna Reddy, R/o. Thondavada Village, Tirupathi Rural Mandal, Chittoor District. ..... PETITIONER(S) AND 1 The Government of Andhra Pradesh, Rep. byis Secretary, Department of Irrigation, Secretariat Buidings, Hyderabad. 2 The Irrigation Officer/Deputy Executie Engineer, Department of Irrigation, Chittoor District. 3 The Revenue Divisional officer, Tirupathi, Chittoor District. 4 A. Srinivasulu, S/o. Venkata Subba Reddy, R/O. Thondavada Village, Tirupathi Rural Mandal, Chittoor District. 5 Kummara Sankaraiah, S/o. Subbaiah, R/O. Thondavada Village, Tirupathi Rural Mandal, Chittoor 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 an appropriate Writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondents 1 to 3 in preventing the obstructions being caused in the irrigation channel passing from East to West under the Tirupathi- Chandragiri Highway road providing irrigation water to the petitioners agricultural lands in Sy.Nos 128/2E/3, 128/1, 128/2C/3, 128/2E/4, 128/2A, 128/2C/1 and 128/3 at Thondavada Village, Tirupathi Rural Mandal, Chittoor District are illegal, arbitrary and violativeof Articles 14 and 21 of the Constitution of India and consequently direct the respondents 2 and 3 to discharge their statutory functions under the A.P. Irrigation (Construction and maintenance of water courses) Act, 1965 and Under Section 34 of the A.P. Irrigation Utilization and Command Area Development Act, 1984 in proper protection and maintenance of irrigation channel supplying irrigation water to the petitioners lands and pass Counsel for the Petitioner:MR.T.LAKSHMI NARAYANA Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 21843 of 2008 ORAL ORDER This writ petition is ﬁled seeking a declaration that the inaction on the part of the respondent Nos.1 to 3 in preventing the obstructions being caused to the irrigation channel passing from East to West under the Tirupati-Chandragiri Highway road by the respondent Nos.4 and 5 who were allegedly dumping the waste building material, is arbitrary and illegal. The petitioners herein claim to be the owners of agricultural lands in Sy.No.128/2E/3, 128/1, 128/2C/3, 128/2E/4, 128/2A, 128/C/1 and 128/3 situated at Thondavada Village, Tirupati Rural Mandal, Chittoor District, who are drawing water from the irrigation channel in question for cultivating their lands. Having heard the learned counsel for the petitioners and the learned Government Pleader appearing for the respondents and keeping in view that the representation made by the petitioners is pending before the respondents 2 and 3, without expressing any opinion as to the correctness of the allegations made by the petitioner, the writ petition is disposed of with a direction to the respondent Nos.2 and 3 to consider the representation of the petitioners dated.25-05-2008 and pass appropriate orders in accordance with law after giving an opportunity to the respondent Nos.4 and 5 to rebut the allegations. Such exercise shall be completed as expeditiously as possible preferably within a period of four(4)weeks from the date of receipt of a copy of this Order. No order as to costs. _________ G.ROHINI,J 30th September,2008 *TSNR