IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 9240 of 2005 Between: 1 Mekala Ramulu, S/o.Chechayya, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. 2 Divi Kondayya, S/o.Subbayya, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. 3 Lati Malakondayya, S/o.Karayya, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. 4 Lati Hazarath, S/o.Karayya, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. 5 Korapati Kanthamma, W/o.Kondayya Naidu, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. 6 Korapati saradha, W/o.Mahesh, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. 7 Korapati Mahesh, S/o.Kondayyanaidu, R/o.Timmasamudram Village, Jaladanki Mandal, Nellore Dist. ..... PETITIONERS AND 1 The District Collector, Nellore, Nellore Dist. 2 The Revenue Divisional officer, Kavali, Nellore Dist. 3 The Mandal Revenue officer, Jaladanki Mandal, Nellore District. .....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 a writ, order or direction, more particularly one in the nature of writ of mandamus declaring the inaction on part of the first respondent in considering our appeals filed on 8-4-2005 amounts to erroneous, arbitrary and violative of Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents to insert/include the names of the petitioners in the voters list of Water users Association with concern territorial constituencies forthwith and to pass appropriate orders as the Hon'ble court may deem fit and proper in the circumstances of the case. Counsel for the Petitioners: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court at the stage of admission made the following : THE HON’BLE SRI JUSTICE ELIPE DHARMA RAO WRIT PETITION NO. 9240 OF 2005. ORAL ORDER: Petitioners seek declaration that the action of the respondents in holding elections for the Timmasamudram village Water Users Association on 25.4.2005 pending their appeal as illegal and arbitrary and contrary to the A.P. Farmers’ Management of Irrigation Systems (Delineation and formation of Water Users Associations) Rules, 2003. As seen from the record, the voters’ list was published on 2-4-2005 and that the petitioners filed their objections before the District Collector on 8.4.2005 i.e. within seven days as prescribed under the amended Rule 10 of the Rules, for correction of the voters’ list, but the same was not considered. Having regard to the said facts and circumstances, since the petitioners have filed their objections within the time limit, the District Collector is hereby directed to dispose of the objections/appeals preferred by the petitioners before 25.4.2005, in accordance with law. With the above direction, the writ petition is disposed of at the stage of admission. No costs. -------------------- 21-04-2005 Note: Issue operative portion of the Order on wire at party’s cost. B/0 kvsn. To 1 The District Collector, Nellore, Nellore Dist. 2 The Revenue Divisional officer, Kavali, Nellore Dist. 3 The Mandal Revenue officer, Jaladanki Mandal, Nellore District. 4 Two CCs to GP FOR IRRIGATION & COMM AREA DEV. High Court buildings, Hyderabad. 5 Two CD copies.