IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTH DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7625 of 2008 Between: Nadipalli Satya Kiran S/o.Dr.N.V.K.Prasada RAo R/o.D.No.3-25, Kasimkota village & Mandal Visakhapatnam District, rep.by GPA Holder Dr.N.V.K. Prasada Rao, S/o.Satyanandam,. aged 60 years R/o.Kasimkota , Visakhapatnam District ..... PETITIONER AND 1 The Tahsildar,Kasimkota P.O., Visakhapatnam District 2 Kasimkota Gram Panchayat, rep.by Sarpanch, Kasimkota P.O., Visakhapatnam 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 issue a writ order or direction in the nature of mandamus declaring the action of the respondents herein in diverting the water in "Gorja " in an extent of Ac.1.64 cents situated in Sy.No.112/2 of Kasimkota village of Visakhapatnam District into the M/s.Bharat Petroleum Corporation of India., outlet situated in an extent of Ac.3.50 cents inSY.No.112/2 of Kasimkota village of Visakhapatnam District the Lessees of the petitioner as being illegal, unjust arbitrary, and violative of Article 14 and 21 of the Constitution of India. Counsel for the Petitioner:MR.E.V.BHAGIRATHA RAO Counsel for the Respondent No.: MR.M.PRABHAKAR RAO The Court made the following : Form-NIC-OGS/WP{TRK} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents in diverting the water in “Gorja” in an extent of Ac.1.64 cents of land in S.No.112/2 situated in Kasimkota village, Visakhapatnam District into the outlet of M/s.Bharat Petroleum Corporation of India situated in an extent of Ac.3.50 cents of land in S.No.112/1 of Kasimkota village, Visakhapatnam District, the lessee of the petitioner, as arbitrary and illegal. On 9.4.2008, when this matter was taken up, the learned Government Pleader for Revenue and the learned standing counsel for Gram Panahcyat sought for time to get instructions. Today, when the matter is taken up, both the learned Government Pleader and the learned standing counsel have stated that there is no threat of diversion of water in “Gorja” into the land of an extent of Ac.3.50 cents in S.No.112/1 where the petitioner’s petrol bunk is situated. In the light of the submission made by both the counsel for the respondents, this writ petition is dismissed. No costs. ______________ 11.04.2008 bcj