THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.20103 of 2007 Date : 1-2-2008 Between : Nalluri Kotaiah s/o. Yelamanda and another .. Petitioners and The Executive Engineer, Irrigation Division, Ongole, Prakasam District and others .. Respondents THE HON'BLE SRI JUSTICE P.S.NARAYANA W.P.No.20103 of 2007 ORDER: 1. Heard Sri Koti Reddy, Counsel representing the writ petitioners and the learned Assistant Government Pleader for Irrigation representing the respondents. 2. This Court ordered notice before admission on 21-9-2007 and granted an order of status quo to be maintained for a limited period in W.P.M.P.No.25935/2007 and the same is being extended from time to time. This Court issued rule nisi on 16-11-2007 and counter affidavit is filed. 3. The writ petitioners filed the present Writ Petition praying for a Writ of Mandamus declaring the inaction of the respondents 1 to 3 in not conducting the auction to cut and take away the trees from the Vura Cheruvu, Petlur village, Kondepi Mandal, Prakasam District though the loss is being sustained, as illegal, arbitrary and to pass such other suitable orders. 4. It is stated that the 1st petitioner had been elected as Vice President and the 2nd petitioner as Member in the elections conducted for Water Users Association, Vura Cheruvu, Petluru village, Kondepi Mandal. The District Collector issued the Prakasam District Gazette dated 13-5-1997 notifying that the Vura Cheruvu, Petluru village at S.No.60 to be managed by Water Users Association and accordingly on the request made by the 3rd respondent the 1st respondent issued the proceedings dated 20-1-2007 to the 3rd respondent directing him to conduct auction for cutting and taking away the Japan babul trees situate in the Vura Cheruvu, Petluru village for its development in the presence of the 2nd respondent. On receipt of the said order, the 3rd respondent fixed the date for conducting of the auction on 25-1-2007 and the same was informed to the 2nd respondent for his participation in the auction scheduled to be held through the letter. On 25-1-2007, 3rd respondent conducted the auction for cutting and taking away the Japan babul trees from the Vura Cheruvu for the period of one year. In the said auction, the 5th respondent became the highest bidder for Rs.45,000/-. After completion of the auction proceedings, the 2nd respondent sent a letter not to conduct auction as there is no sufficient time given for the said auction. By the time the said letter reached, the auction proceedings were over and the same was endorsed on the said letter dated 25-1- 2007. Thereafter, the 2nd respondent by proceedings dated 27-1-2007 directed the 3rd respondent not to proceed further in pursuance of the said auction till further direction is given by the 1st respondent and cancelled the said auction confirmation letter. It is further stated that while the matter stood thus, on 7-4-2007, the 4th respondent is trying to cut and take away the Japan Babul trees without taking any permission from the authorities or the Water Users Association. When the petitioners questioned the high-handed action of the 4th respondent, the 4th respondent is showing a letter said to have been issued that the Gram Panchayat conducted the auction for cutting and taking away the trees from Vura Cheruvu till 7-4-2007. Even according to the certificate given Petluru Gram Panchayat the period is upto 7-4-2007. Immediately, the petitioners informed the same to the respondents 1 and 2 along with the 3rd respondent for conducting fresh auction for the benefit of the Association. In spite of the requests of the petitioners, they are not taking any action for the reasons best known to them. Further it is stated that the Gram Panchayat has no authority or control over the Vura Churuvu as it is being managed by the Water Users Association as per the Gazette Notification. The inaction of the respondents 1 to 3 in not taking steps for conducting the auction is highly objectionable and irregular. Further, it is stated that the respondents 1 to 3 colluded with each other and are not taking any steps to conduct the auction to get the funds for the benefit of the Association on some pretext or the other. If fresh auction is conducted for cutting and taking away the Japan Babul trees, the bid amount will go to about Rs.1,50,000/-. If the said amount is available, the tank and the canals will be cleaned to get the storage water more and for free flow of water to the dry lands by removing the silt. Ultimately, if the above said works are done, the ayacut ryths will be benefited by fetching the water. The inaction of the respondents 1 to 3 in not taking the steps for conducting the auction for cutting and taking away the Japan Babul trees from the Vura Cheruvu, is illegal, arbitrary and highly objectionable. Further it is stated that as per the Gazette notification issued by the District Collector, Prakasam District, Vura Cheruvu Tank, Petluru village comes under the Farmers Organisation. The Sarpanch of the Gram Panchayat has no authority to conduct the auction with regard to the tanks specified in the said Gazette. In pursuance of the Gazette Notification, the auction said to have been conducted by the Gram Panchayat, Petluru on 8-12-2003 is null and void and nonest in the eye of Law which cannot be relied upon. On the other hand, the 5th respondent is also trying to take away the trees. If any one takes away the trees, the Association will be put to great hardship and irreparable loss. In such circumstances, the writ petitioners approached this Court praying for the reliefs specified above. 5. In the counter affidavit filed by the 1st respondent, it is stated that Uracheruvu of Petluru village in Kondepi Mandal, Prakasam District, is a Minor Irrigation Tank maintained by the Irrigation & CAD Department under the control of Irrigation Division, Ongole. The tank is having an ayacut of 119.87 acres in the village limits of Petlur. It is further stated that Water Users Association is formed as per A.P.M.I.S. Act 1997 or better functioning/minor maintenances and water regulation. The Water Users Association under A.P.M.I.S. At 1997 was formed in 1997 and the term expired in 2002, after completion of 5 years. The Government had made transitional arrangement by appointing the Deputy Executive Engineer, Irrigation Sub-Division, Kandukur to manage the affairs of the Water Users Association till the next elections were held. Further, the Water Users Association elections were conducted by the Government in January 2006 and Sri M.Rami Reddy was elected as the Water Users Association President for Uracheruvu tank of Petluru. The Water Users Association had passed a resolution on 30-8-2006 and represented to the Executive Engineer, Irrigation Division, Ongole vide letter No. Nil, received by the office of the 1st respondent on 7- 11-2006 to permit to conduct auction for cutting Chilla trees and requested to instruct the Deputy Executive Engineer, Irrigation Sub-Division, Kandukur, to conduct auction through the Deputy Executive Engineer. The Deputy Executive Engineer, Irrigation Sub Division, Kandukur, had instructed to take action for conducting auction for cutting jungle. Again, the President of Water Users Association had requested on 19-1-2007 to permit to conduct the auction and hence the Executive Engineer, Irrigation Division, Ongole, vide letter No.71M dated 20-1- 2007 had informed to the Water Users Association stating that the Water Users Association has right to conduct auction in consultation with the Deputy Exeuctive Engineer, Irrigation Sub-Division, Kandukur and deposit the amount in the Water Users Association account. It is also stated that the Water Users Association, Petlur had passed a resolution on 21-1-2007 to conduct auction on 25-1-2007 and requested the Deputy Executive Engineer, Irrigation Sub-Division, Kandukur, to attend the above auction on 25-1-2007 and the same letter was received by the Deputy Executive Engineer on 23-1-2007. The Deputy Executive Engineer in his letter No.24M, dated 24- 1-2007 had issued instructions to conduct auction in a proper way and request him to stop the auction. The Deputy Executive Engineer had addressed to the President of the Water Users Association in Legal representative.No.25M dated 27-1-2007 for conducting fresh auction and a copy had been furnished to the 1st respondent along with the letter of the President of the Water Users Association to instruct the President of the Water Users Association for conducting fresh auction as per Rules. The Executive Engineer, Irrigation Division, Ongole had addressed a letter to the president of the Water Users Association vide letter No.102M, dated 31-1- 2007 for conducting the auction duly following the Rules. But, the President of the Water Users Association had not cancelled the auction conducted on 25-1-2007 nor initiated action for conducting the fresh auction in the presence of the Deputy Executive Engineer as per letter No.102M dated 31-1-2007. The 4th respondent i.e., Sri Kamireddy Ankireddy had filed O.S.No.93/2007 before the Principal Junior Civil Judge, Kandukur, Prakasam District on 27-4-2007 against (1) Water Users Association, Petluru,(2) The Executive Engineer, Irrigation Division, Ongole, (3) Deputy Executive Engineer, Irrigation Sub Division, Kandukur, to permit him for cutting the trees in the Ura Cheruvu as per the auction conducted by the Gram Panchayat in the year 2003 and further claiming that he has right upto 7-4-2007. I.A.No.624/2005 was filed in the aforesaid suit for injunction and for cutting the trees and the Principal Junior Civil Judge, Kandukur had granted injunction on 6-9-2007 restraining the respondents from interfering in cutting and carrying away the standing trees in the tank bed land. Against the said order, the Water Users Association represented by its President i.e., the 3rd , had filed C.M.A.No.10/2007 before the Senior Civil Judge, Kandukur and this Court was pleased to grant stay of the order passed in I.A.No.624/2007 in O.S.No.93/2007 and the said C.M.A. is pending. It is also further stated that the 1st respondent had already issued orders in letter No.102M dated 31-1-2007 asking the President of the Water Users Association for conducting auction in the presence of the Deputy Executive Engineer. The President of the Water Users Association could not proceed further, may be because of the order of the Court below. It is also further stated that the Gram Panchayat, Petlur, has no right whatsoever to conduct the auction in respect of the irrigation tanks under the control of the Irrigation Department. 6. In the light of the facts and circumstances and in the light of the specific stand taken in the counter affidavit by the 1st respondent, let the respondents 1 to 3 further proceed with the auction in accordance with Law. 7. With the above direction, the Writ Petition is disposed of. No costs. _________________ Justice P.S.Narayana Date : 1-2-2008 AM