THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.13772 OF 2002 Dated: 22.11.2011 Between: 1. S. Venkata Rajeswara Rao and 3 others. … Petitioners And 1. The District Collector, Krishna District., and 5 others. … Respondents THE HON’BLE Ms. JUSTICE G.ROHINI WRIT PETITION No.13772 OF 2002 ORDER: This writ petition is filed seeking a declaration that the action of the respondents 1 to 4 in not taking any action for removing the obstruction made by the respondents 5 and 6 by encroaching upon Canal No.1 at R.S.Nos.439/1-A, 436/4 and 437/1 of Modumudi Village, Avanigadda Mandal, Krishna District as arbitrary and illegal. The respondents 5 and 6 filed a detailed counter-affidavit denying the allegations made in the writ petition. As could be seen from the material available on record, the matter involves several disputed questions of fact which cannot be enquired into and decided by this Court in exercise of jurisdiction under Article 226 of the Constitution of India. It is also relevant to note that as per Chapter-V of A.P. Irrigation Utilization and Command Area Development Act, 1984 any question arising with regard to unlawful use of water or sewage of water supply and etc., has to be decided by the Irrigation Officer as defined under Section 2 (16) of the said Act. In the circumstances, without expressing any opinion as to the rival claims made by the parties, the Writ Petition is disposed of leaving it open to the aggrieved persons to work out the remedy available under A.P. Irrigation Utilization and Command Area Development Act, 1984 for redressal of their grievance. No costs. ______________ G. ROHINI, J. Dt. 22.11.2011 gbs