THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.56 of 2003 ORAL ORDER: This writ petition is filed seeking Mandamus declaring the action of third respondent in allotting the construction of check-dam on Chelimavanka near Rudravaram village, Bethamcherla mandal as illegal and arbitrary and consequently direct the third respondent to cancel the allotment of construction of check-dam. It appears, earlier Government had proposed to construct a check-dam on Chelimavanka under water shed project. The Mandal Revenue Officer, Mandal Development Officer and other officials inspected and opined that if the check-dam is constructed, the lands of the petitioner as well as other cultivators who belong to Scheduled Caste and Scheduled Tribe would be inundated and would cause loss and hardship to them, therefore, construction of check dam was cancelled. In the year 1999, the Scheduled Caste Corporation also gave sanction for construction of check-dam on the Chelimavanka, but on the representation of villagers contending that the check-dam is useless and would cause inundation of lands of Scheduled Cates people, the same was cancelled. While so, the third respondent vide letter dated 18.11.2002 has given work order to fourth respondent for construction of check dam. When the petitioner came to know about the same, he submitted a representation on 7.12.2002. Neither the said representation was disposed of nor the construction of check-dam was stayed. Therefore, the present writ petition. This Court, while admitting the writ petition on 8.1.2003, granted interim direction directing the respondents to dispose of the representation dated 7.12.2002 submitted by the petitioner within a period of four weeks. A detailed counter affidavit has been filed by third respondent stating that the detailed report on the representation dated 7.12.2002 was already submitted to the Project Director, DPAP, Kurnool vide office letter No.F.N3/DB/D1/33 M dated 11.1.2003 with a copy of intimation to the Superintending Engineer, Irrigation Circle, Kurnool. It is further stated that no private lands get submerged or inundated due to construction of check-dam, therefore, payment of compensation to the petitioner does not arise. The present site is located in a drought prone area in Kurnool district and if check-dam is not constructed, it would cause great loss to the farmers’ community in the area. In fact, the Deputy Executive Engineer, M.I. Works Sub-Division, Dhone who is also incharge of construction of the check-dam had verified the levels of the proposed site and reported that the Mango garden in S.No.303 is 0.80 M (2’-8”) situated above the maximum water level of the check-dam and hence the question of inundation of petitioner’s land does not arise. In view of the above, nothing survives in the writ petition for adjudication, therefore, the writ petition is accordingly closed. No order as to costs. _____________ C.V.RAMULU, J Date: 22.11.2006 DA THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.56 of 2003 22.11.2006 IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD THE HON’BLE SRI JUSTICE C.V.RAMULU W.P.No.56 of 2003 Date: 22nd November, 2006 Between: Dasari Chinna Maddaiah .. Petitioner And The District Collector, Kurnool and others. .. Respondents