THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.12630 of 2009 Dated 09th June, 2011 Between: Guntamukkala Bhaskar …Petitioner And The Superintendent Engineer, Irrigation Department, Dawaleshwaram Circle, East Godavari District and others …Respondents Counsel for the petitioner: Sri V.Sai Kumar Counsel for respondent Nos.1 to 4: AGP for Irrigation & CAD Counsel for respondent No.8: Sri V.Brahmaiah Chowdary The Court made the following: ORDER: At the interlocutory stage, the writ petition is taken up for hearing and disposal with the consent of the learned counsel for the parties. In the affidavit filed in support of the writ petition, the petitioner has pleaded that he owns different extents of land in Survey Nos.318- 3, 316-3, 317-3, 317-4, totalling to Acs.3.99 cents, in Ontitadi Village, Kajuluru Mandal, East Godavari District. He filed this writ petition with the grievance that respondent No.4 came to his land on 16.06.2009 and demarcated the same, behind his back with the help of respondent No.7, without any notice to him and that after knowing the same, he rushed to the office of respondent No.6 and questioned the action of respondent No.7. It is his further grievance that respondent No.4 on the basis of the demarcation made by respondent No.7, is trying to fill a part of his land with soil to widen the bund of the drain without following the procedure. Separate counter affidavits have been filed on behalf of respondent Nos.1 to 4, respondent Nos.5 to 7 and respondent No.8. In the counter affidavit filed on behalf of respondent Nos.1 to 4, it is inter alia stated that respondent No.8 and nine others made a report to the District Collector’s Grievance Cell with a copy marked to the Irrigation Department and other revenue officials stating that the right bund of Tenelagondi Right Arm Minor Drain (for short ‘the Drain’) was encroached by the petitioner and that the petitioner has denied the passage to the adjoining ayacutdars from the left bank of Teki Major Drain through the right bank of the Drain preventing them from entering into their fields and he did not allow the conveyance of their agricultural produce from their fields to the markets. That on the request of respondent No.4, respondent No.5 addressed a letter to respondent No.6 to take necessary action, that accordingly respondent No.6 deputed the Mandal Surveyor to demarcate the boundaries of the Drain and that the Mandal Surveyor issued notices to the parties vide his notice, dated 19.06.2009, and conducted survey in Survey No.606 of Pallipalem and demarcated the boundaries of the banks of the Drain and handed over the site to respondent No.4 vide his proceedings, dated 22.06.2009. It is further averred that thereafter the ayacutdars started restoration of approach within the area demarcated by the Mandal Surveyor in the presence of the staff of the Irrigation Department and to restore the passage to their fields and that the petitioner has obstructed the progress of restoration of passage of approach on 24.06.2009. It is further stated that the Revenue Divisional Officer, Kakinada convened a joint meeting on 02.07.2009 and that at the request of the petitioner, he decided to demarcate the boundaries of the entire Drain to identify encroachments and both the parties have agreed to maintain status quo at the disputed site in the presence of respondent No.5. It is further stated that on the request of the Irrigation Officials made vide letter, dated 03.07.2009, respondent No.5 addressed the Assistant Director of Survey and Land Records, to conduct survey for the entire Drain vide his reference in Ref.C/796/2009, dated 04.07.2009, and that the restoration work was stopped on 24.06.2009 and the survey of the entire Drain is to be conducted by the Deputy Inspector of Survey, Kakinada. It is also stated that the survey of the Drain will be taken up soon after completion of Khariff period i.e., during the month of November, 2009. It is also averred that the petitioner has engaged a poclainer on 24.07.2009 to spread the soil brought by the ayacutdars for restoration of approach into their fields on the right bank of the Drain duly violating the decision taken on 02.07.2009 in the presence of respondent No.5. No reply affidavit has been by the petitioner. From the facts noted above, it is quite evident that there is a serious dispute with respect to the right of the petitioner to occupy the Drain. While the petitioner asserts that he has not encroached into any part of the Drain, the respondents specifically pleaded that the Mandal Surveyor’s report shows such encroachment by the petitioner. However, the Irrigation Department requested the Deputy Inspector of Survey, Kakinada to conduct survey by respondent No.5. As noted above, it is held out in the counter affidavit of respondent No.3 that the survey work entrusted to the Department of Survey and Land Records will be taken up soon after the completion of Khariff i.e., during the month of November, 2009. At the hearing, the learned counsel for the parties are unable to state as to whether the survey as proposed to be held in November, 2009 was completed in all respects and consequential steps were taken. The entire dispute as noted above, can be resolved if proper survey is conducted as proposed and the boundaries are demarcated after notice to the petitioner, respondent No.8 and other affected parties. As nothing is forthcoming on the further action after November, 2009, respondent Nos.1 to 6 are directed to take immediate steps for completion of the proposed survey, if not already done, and demarcate the boundaries of the Drain in the presence of the petitioner, respondent No.8 and other affected parties, after giving notices to them. They shall complete this process within a period of one month from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.16334 of 2009 and W.V.M.P.Nos.2774, 2979 and 4239 of 2009 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 09th June, 2011 VGB