IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE SIXTEENTH DAY OF MARCH TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 5112 of 2009 Between: 1 G. Sivannarayanan Reddy S/o. Chenna Reddy R/o. Puttluru Vill. & Mandal, Ananthapur Dist. 2 G. Laxmi Narayanamma W/o. G. Sivannarayana Reddy R/o. Puttluru Vill. & Mandal, Ananthapur Dist. ..... PETITIONERS AND 1 The State Government of A.P. Rep. by its Principal Secretary Revenue Department, Secretariat, Hyderabad. 2 The District Collector (Revenue Department) Ananthapur Dist., Ananthapur. 3 The Tahsildar Putlur Village & Mandal, Ananthapur Dist., Ananthapur. 4 The Superintending Engineer High Level Canal, (HLC) Ananthapur. .....RESPONDENTS 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 issue order or direction more particularly in the nature of Writ of Mandamus, declaring the inaction of the Respondents in not taking action against petitioner representation dated 16-07-2007 and subsequent representations seeking sanction of crop damage caused due to the negligent acts of authorities of HLC, as illegal, arbitrary and violative of principles of Natural Justice and violative of Article 14, 21 & 300-A of the Constitution of India and consequentially direct the Respondents to pay the compensation forthwith in respect of the damage caused to the crops of the Petitioner. Counsel for the Petitioner: MR.K.NARSI REDDY Counsel for the Respondents: GP FOR REVENUE The Court made the following ORDER: THE HON’BLE SRI JUSTICE L.NARASIMHA REDDY Writ Petition No.5112 of 2009 ORDER: The petitioners claim that their crop over the land in various survey numbers of Kandikapula Village, Putlur Mandal, Ananthapur District was damaged on account of breach of an irrigation channel, during the rainy season. They submitted a representation, dated 16.07.2007, to the District Collector, Ananthapur with a request to compensate them for the damage suffered by them. The grievance of the petitioners is that except directing the petitioners to the Mandal Revenue Officer, the District Collector has not taken any action thereon. Heard the learned counsel for the petitioners and the Government Pleader for Revenue. The petitioners allege that the bund of an irrigation channel on the boarding lands breached due to the negligence of the respondents and their lands were inundated, resulting in excessive damage to the seasonal crops as well as fruit gardens. The petitioners are not able to find out any provision of law or administrative order issued by the competent authority providing compensation. However, if the petitioners are able to prove that there is negligence on the part of the respondents leading to damage to the crops, the same needs to be taken into account. The matter cannot be kept pending indefinitely. Hence, the writ petition is disposed of directing the second respondent to cause necessary enquiry on the representation, dated 16.07.2007, made by the petitioners and pass appropriate orders thereon, within a period of four months from the date of receipt of a copy of this order. There shall be no order as to costs. ____________________ L.Narasimha Reddy, J Dt.16.03.2009 VGB