HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30849 OF 2011 ORDER: This writ petition is filed under Article 226 of the Constitution of India to declare the inaction of the respondents 1 to 3 in closing the illegal feeder channel excavated by the respondents 4 to 6 in Sy.No.236 to fill up the water to their dry well in Sy.No.232 situated at Banavasi village as illegal and arbitrary and consequently direct the respondents 1 to 3 to close the illegal feeder channel excavated by the respondents 4 to 6 in Sy.No.236 to fill up the water to their dry well situated in Sy.No.232 of the said village and to prevent them from illegal drawing water. 2. Heard. 3. It is stated in the affidavit filed in support of the petition that the petitioners are permanent residents of Banavasi village, Yemmiganur Taluk, Kurnool District and living by cultivating their respective lands; that the petitioners are raising paddy in their respective lands and that there are about more than Ac.25.00 cents of lands are being irrigated by seepage water and several small farmers depending upon the seepage water of Pedda Vanka; that the respondents 4 to 6 are having land in Sy.No.232 to an extent of Ac.7.99 cents which is classified as dry land; that the respondents 4 to 6 have purchased land in Sy.no.236 with an intention to draw water from Pedda Vanka to their land in Sy.No.232; that the respondents 4 to 6 have dug a dry well in Sy.No.232 and excavated illegal channel in Sy.No.236 to fill up water in their dry well situated in Sy.No.232 and they are storing water to their dry well; that since, the respondents 4 to 6 are drawing water illegally from Pedda Vanka, the petitioners and others could not raise paddy in their respective lands; that the representations dated 27.7.2011 and 2.8.2011 were made to the respondents 1 to 3 informing about the illegal acts of the respondents 4 to 6 and requested the officials to close the illegal channel excavated by the respondent 4 to 6 and to prevent them from drawing water illegally, but the respondents failed to take any action. Hence, the present writ petition. 4. The learned counsel for the petitioners contended that the respondents 4 to 6 have dug the feeder channel un-authorisedly and therefore, he prays to give a direction to the respondents 1 to 3 to close the illegal feeder channel excavated by the respondents 4 to 6. 5. On the other hand, the learned standing counsel appearing for the respondents 1 to 3 contended that appropriate decision will be taken by the 1st respondent in pursuance of the report of the Thasildar, Yemmiganur, Kurnool District dated 30.8.2011 addressed to the 1st respondent. 6. The Thasildar in his report has stated that the Mandal Revenue Inspector-II, Yemmiganur has recommended that the feeder channel which was excavated by the respondents 4 to 6 should be closed immediately and safe guard the interest of the petitioners. But, no action has been taken by the 1st respondent in pursuance of the report of the Thasildr dated 30.8.2011. 6. Hence, the writ petition is disposed of directing the 1st respondent to take appropriate decision on the report submitted by the Thasildar dated 30.8.2011, within a period of six weeks from the date of receipt of copy of this order. No order as to costs. _______________ K.C.BHANU,J. 29.12.2011, Gk. HON’BLE SRI JUSTICE K.C. BHANU WRIT PETITION No.30849 OF 2011 Date:29.12.2011 Gk.