THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION Nos.14712 & 19716 of 2003 COMMON ORDER: As these two matters are interconnected, they are being disposed of by this common order. The parties are referred to as they are arrayed in the first writ petition. The short fact of the matter is as follows. The land admeasuring Acs.139.19 guntas in Survey No.521 of Kondaigudem Village, land admeasuring Acs.110.20 guntas in Survey No.187 of Govindrala Village and land admeasuring Ac.64.37 guntas in Survey No.184 of Lingala Village are classified as Kondaigudem Peddacheruvu. The water spread area is Acs.342.01 guntas in all the three survey numbers. Statedly, Acs.1000.00 is registered ayacut under the tank. Some of the persons belonging to the scheduled tribes including the petitioners were allegedly assigned lands admeasuring Acs.27.25 guntas in Survey No.187, which is a Government poramboke land. So as to irrigate those lands, they dug eight wells in the Shikam (tank bed) land. On a complaint given by Water Users Association, Kondaigudem Peddacheruvu (hereinafter referred to as ‘WUA’), the first respondent called for a report from the third respondent. In obedience thereto, a report vide Rc.No.B/621/2002 dated 08.05.2002 was sent confirming that some of the encroachers in Survey No.187 dug wells for drawing water through electrical motors. Subsequently, by another communication being Rc.No.20/621/2002, dated 15.05.2002, the third respondent addressed fourth respondent to fix boundaries for Pedda Cheruvu under a Government Scheme, namely, Neeru Meeru under Food for Work Programme. Pursuant thereto, the fourth respondent accorded sanction to a nodal agency to take up the work of filling up of eight wells and digging of trench around Kondaigudem Pedda Cheruvu. Aggrieved by the sanction issued by the fourth respondent, four persons belonging to scheduled tribes filed the first writ petition on 18.07.2003 seeking a writ of mandamus restraining the respondents from digging trenches and closing wells. About two months thereafter, WUA filed the second writ petition seeking a direction to the respondents to cancel the assignment made in respect of the tank bed land of Pedda Cheruvu as per the reports dated 08.05.2002 and 15.05.2002 of the third respondent. The District Collector, Khammam has filed a counter affidavit in both the matters with similar averments and allegations. The sum and substance of the case of the revenue department is as follows. The shikam land of Pedda Cheruvu admeasuring Acs.139.19 guntas is comprised in Survey No.521. The land admeasuring Acs.110.00 guntas in Survey No.187 of Govindrala Village is a Government poramboke land. An extent of Acs.27.25 guntas therein was assigned to tribals of the Village in 1998. They are cultivating the lands. When they dug wells, they were removed by the President of the fifth respondent. This resulted in a scuffle and the Mandal Revenue Officer registered a criminal case being Cr.No.80/2002 on 19.08.2002. The fourth respondent prepared estimates for excavating the boundary trench and closing of the wells, which are constructed in contravention of the rules made under the Andhra Pradesh (Telangana Area) Irrigation Act, 1357 Fasli. Pursuant thereto, digging of the trench is taken up and when it is about to be completed these writ petitions have been filed. It is also stated that the counsel for the fifth respondent gave a legal notice, which is being enquired into by the second respondent. The counsel for the petitioners in W.P.No.14712 of 2003 is absent. The counsel for the fifth respondent (petitioner in W.P.No.19716 of 2003) and Assistant Government Pleader for Irrigation made their submissions. The officials of the revenue department do not dispute the assignment of the land to tribals in Survey No.187 of Govindrala Village. There is also no dispute that these assignees dug wells in Survey No.521, which is a shikam land. The admitted factual position therefore would throw up an issue as to whether digging of wells for drawing water from a government source of irrigation and drinking can be permitted or not. The petitioners do not claim any right to dig wells in a shikam land for cultivation of the assigned lands. It is not their case that they dug the wells in the assigned land. Therefore, if a programme is conceived under Neeru Meeru Scheme to close the wells in shikam land and dug a boundary trench, the assignees cannot have any grievances. If they cannot cultivate the assigned land without water wells dug in the shikam land, it is always open for them to approach the revenue department for assignment of other land. Though there is no material before the Court to show that Kondaigudem Pedda Cheruvu has spread over the land in Survey Nos.187 and 184 of Govindrala and Lingala Villages respectively, it is admitted that Survey No.521 is shikam land and private wells cannot be allowed in the lands to the detriment of the members of WUA. In view of the above, W.P.No.14712 of 2003 is dismissed and W.P.No.19716 of 2003 is disposed of directing respondents 1 to 4 to take all necessary steps to protect the water body, namely, Kondaigudem Peddacheruvu, Khammam District. There shall be no order as to costs. ______________ (V.V.S.RAO,J) Date:02.12.2010 va