IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE THIRD DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION No.23805 of 2008 Between: Water Users Association Gundemadakala Tank rep.by its President Gali Narasapa Naidu, S/o Gali Rama Naidu Gundemadakala(V) Vinjamuru(M) Sri Potti Sri Ramulu,Nellore District ..... PETITIONER AND 1 The Government of Andhra Pradesh Rep.by its Principal Secretary Minor Irregation Department Secretariat Buildings,Hyderabad 2 The Engineer In Chief Minor Irregation Department Erram Manzil,Hyderabad 3 The Superintendent Engineer(ID) Irregation Circle Office,Ramalingapuram,Nellore Sri Potti Sri Ramulu,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 may be pleased to issue an appropriate writ the action of the respondents in not considering the case of the petitioner Association in discontinuing in not considering the case of the petitioner Association in discontinuing the New Tank Across Kaveri and Kannalgunta Vagus near Yerukollu(V) Duttalur(M) Sri Potti Sri Ramulu District is arbitrary unreasonable and consequently direct the respondents to consider the representation dt 10-9-2008 submitted by the Water Users Association Gundemadakala Tank of Gundemadakala(V) Vinjamur(M) Sri Potti Sri Ramulu Nellore District by giving opportunity to all the aﬀected parties before proceedings with the formation of New Tank. Counsel for the Petitioner:MR.K.MURALIDHAR REDDY 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.23805 of 2008 ORDER: The petitioner herein is the Water Users Association, Gundemadakala Tank of Vinjamuru Mandal, Nellore District. The petitioner’s association made a representation, dated 10-09- 2008, bringing to the notice of the respondents herein that the proposed construction of a tank near Yerukolla Village would result in inundation of Ayacut lands in the down stream area and, therefore, to conduct a detailed enquiry before taking any further steps. Alleging that without considering the said representation, the respondents are proceeding with the formation of a new tank on the upstream side of Gundemadakala Tank across Kaveri and Karnalagunta Vagus near Yerukollu Village, the present writ petition is filed. Heard the learned counsel for both the parties. Since the petitioner, which is a Water Users Association, has been complaining that the formation of the proposed tank is likely to adversely aﬀect their irrigation system, the Respondents 2 and 3 are bound to consider the same after making necessary enquiry in accordance with law. Hence, 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 respondents 2 and 3 to consider the representation of the petitioner, dated 10-09-2008, and pass appropriate orders in accordance with law, as expeditiously as possible, preferably within a period of four weeks from the date of receipt of a copy of this order. There shall be no order as to costs. ___________ 03-11-2008 Prv ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}