IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO.34042 of 1997 Between: Ambedkar Fishermen Co-operative Society, Kokkirailanka, rep. by its Member, Balla Subba Rao, S/o Anjaiah R/o Kokkirailanka Village, Eluru Mandal, West Godavari District. ..... PETITIONER AND 1 The Government of AP rep. by its Secretary, Irrigation, Secretariat buildings, Saifabad, Hyderabad. 2 The Commissioner, Land Revenue, Government of AP, Hyderabad. 3 The District Collector, West Godavari at Eluru. .....RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue an appropriate writ, order or direction especially one in the nature of Writ of Mandamus declaring that no Water Cess as per the AP (Andhra Area) Irrigation Cess Act, 1865, is liable to be paid by the members of the petitioner-Society as their lands are not in the ayacut of the Kolleru Lake or any other irrigation source. Counsel for the Petitioner: MR. P. SRI RAGHU RAM Counsel for the Respondents: GP FOR IRRIGATION & COMMERCIAL AREA DEVELOPMENT. The Court made the following: ORDER: Learned counsel for the petitioner seeks permission of this Court to withdraw the writ petition with a liberty to question Section 3 of the A.P. Water Tax Act, 1988 (Act 13 of 1997). Permission is accorded. Accordingly, the writ petition is dismissed as ‘withdrawn’ granting liberty to the petitioner to question Section 3 of the A.P. Water Tax Act, 1988 (Act 13 of 1997). No order as to costs. _______________ N.V. RAMANA, J. Date: 12.04.2005 Nsr ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Secretary, Irrigation, Government of AP, Secretariat buildings, Saifabad, Hyderabad. 2 The Commissioner, Land Revenue, Government of AP, Hyderabad. 3 The District Collector, West Godavari at Eluru. 4 Two CCs to GP for Irrigation and Commercial Area Development, High Court buildings, Hyderabad (OUT) 5 Two CD copies Form-NIC-OGS/WP{KCS}