THE HON’BLE SRI JUSTICE G.CHANDRAIAH Dated this the 9th day of October 2009. Writ Petition No. 12389 of 2008. Between: Oleti Kotaiah ………Petitioner vs. 1.The District Collector, Prakasham District and 3 others. ……..Respondents. THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Petition No. 12389 of 2008. ORAL ORDER: This writ petition is filed seeking to issue an order or writ more particularly one in the nature of a writ of Mandamus declaring the action of the respondent in not demolishing the unauthorised raising of height of Check Dam to an extent of 3 feet is illegal and without any technical advise and consequently direct the respondents to demolish the unauthorised raising of 3 feet height of Check Dam i.e. Neredu Vagu of Doddavaram village, Maddipadu mandal, Prakasham District. It is stated in the affidavit filed in support of the petition that the petitioner is an Ex-Serviceman and he was assigned land of an extent of Ac. 4.50 cents in S.No. 265 of Doddvaram village, Maddipadu mandal, Prakasham District by the 2nd respondent on 12.7.1984 and Pattadar Pass Book and Titile Deed were issued in his favour and delivered possession of the property. The property of the petitioner is situated near Neredu Vagu which was constructed in the year 1989 at a height of 3 feet from the ground level at the time of construction in the year 1989. It is asserted that the respondents have raised one feet height of the Check Dam in 1997 and two feets height in 1998 unauthorizedly due to political influence without any technical approval. The Check Dam is purely depending on the rain water. The grievance of the petitioner is that as the height of the Check Dam was raised, the yield of paddy and other crops from his land has substantially come down and though he gave number of complaints to the authorities, no action was taken and that finally he made a representation to the District Collector on 19.1.2007 and met the concerned authorities on 26.2.2007 and 12.3.2007 and requested to take action and pursuant to his representations, the Joint Collector directed the respondents 2 and 3 to inspect the lands and take action in the matter. Inspite of clear direction from the Joint Collector, the respondents 2 and 3, due to political influence, did not take any action and then he approached the Joint Collector on 18.5.2007 who directed the 2nd respondent to demolish the height of the wall of the Check Dam, but no action was taken by the 2nd respondent. However, the 2nd respondent inspected the area on 7.7.2007 and submitted a report to the 1st respondent stating that the height of the Check Dam has to be reduced upto two feet as it is causing loss to me and the other landholders in the area. Though the 2nd respondent submitted a report, no action was taken on flimsy grounds that about 40 labourers require for demolition of the Check Dam and consequently, he raised a consumer dispute in C.C.No. 341 of 2007 but he could not succeed in it, as the Forum held that it has no jurisdiction to grant the relief. Hence, he filed the present writ petition for the relief already adverted to above. The 2nd respondent filed a counter affidavit admitting the fact that the petitioner was assigned land of an extent of Ac. 4.50 cents in S.No. 265 of Doddavaram village on 12.7.1984 and Pattadar Passbook and title deed were issued in his favour and he is in possession and enjoyment of the property. It is stated that Neredu Vagu water course moves in a direction from West to South and from South to East and there is some Vagu poramboke land on southern side of the dam and as it is fit for cultivation, to an extent of Ac. 4.50 cents in S.No. 265 was assigned to the petitioner. It is further stated that land in question is situated one kilometre away to Neredu Check Dam which was constructed in the year 1989 at a height of three feet from the ground level and that the height of the dam was raised one feet in the year 1997 and another one feet in the year 1998 by the Ayacutdars but not by the official respondents. It is further stated that the actual construction of Check Dam in the year 1989 was taken up by the Irrigation Department and subsequent work was taken up by the Project Director, DWMA, Ongole and they are monitoring the Check Dam and subsequently the management of the Check Dam was handed over to the society called “Sree Rama Nereduvagu Irrigation Society, Tellabadu. The President of the said Society by name Malliedii Subba Rao made a representation to the District Collector stating that the then NSP authorities constructed a diversion scheme on Neredu Vagu which was drain of NSP and handed over it to the beneficiaries for further maintenance and subsequently a committee was formed and registered under Societies Act and the Committee is maintaining the scheme and distributing water to all the beneficiaries by collecting agreed amount per acre. It is further stated that since 2003 onwards as there were no rains, the villagers requested Gundlakamma Project Authorities to connect the Check Dam with a channel from the reservoir, which would benefit 90% of the villagers. It is further stated that the members of the Society requested the Collector to allot another piece of land to the petitioner so that the land of the petitioner could be used for storing the water under diversion scheme. It is further stated that pursuant to the representation of the petitioner, on the direction of the District Collector, the answering respondent inspected land in question and submitted a report on 7.7.2007 stating that the Check Dam was constructed on Neredu Vagu under the control and supervision of DPAP and later in 1997 and in1998 the height of Check Dam was raised upto two feet and it has to be removed and that the Check Dam is situated on western side of S.No. 265 in which the petitioner was assigned land and due to the raising of height of dam, the excess water will be affecting the nearer lands and that the excess water is not at all affecting the land of the petitioner and therefore the question of submerging the land assigned to the petitioner does not arise. In the circumstances, it is prayed to dismiss the writ petition. The petitioner also filed reply affidavit disputing the facts stated in the counter affidavit of the 2nd respondent. From the pleadings of the parties, the facts which are not in dispute are that the petitioner was assigned land of an extent of Ac. 4.50 cents in S.No. 265 of Doddvaram village, Maddipadu Mandal on 12.7.1984; that the property assigned to the petitioner is near Neredu Vagu; that Check Dam was constructed at a height of three feet from the ground level in 1989 and that the Check Dam was raised upto two feet height in the years 1989 and 1997. Since the 2nd respondent submitted his report dt. 7.7.2007 to the District Collector stating that the height of the Check Dam was raised two feets height in the year 1997 and 1998 without any technical expertise and since the grievance of the petitioner is that due to the raising of the height of the dam, his land is being submerged and is incurring loss of crop, the very purpose of assigning the land to the petitioner is defeated. In the circumstances, taking into consideration the report of the 2nd respondent dt. 7.7.2007 submitted to the District Collector, Ongole and also taking into consideration the grievance of the petitioner, the writ petition is disposed of directing the 1st respondent to take necessary action in respect of the grievance of the petitioner so that the purpose of assignment of the land to the petitioner is achieved. With the above direction, the writ petition is disposed of. No order as to costs. __________________ G.CHANDRAIAH,J 9.10.2009. Krb. THE HON’BLE SRI JUSTICE G.CHANDRAIAH Writ Petition No. 12389 of 2008. Dated; 9.10.2009.