THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P.No.761 of 2007 Date: 29.07.2010 Between: Thummala Koteswhwar Rao and 5 others … Petitioners AND The Assistant Executive Engineer, Irrigation Dept., Machilipatnam, and 3 others … Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR W.P. No.761 of 2007 ORDER: The petitioners challenge the action of the respondent authorities in seeking to disconnect the power supply to the service connections in their agricultural lands in Nandamur and Madaka Villages, Pedana Mandal, Krishna District. They seek a consequential direction to the authorities to supply sufficient water to their lands in the aforestated villages through Ramarajupalem Channel. It is the case of the petitioners that they are ayacutdars under Ramarajupalem Irrigation Channel. However, as sufficient water was not available in the channel for undertaking irrigation, the petitioners claim to have dug bore wells in their agricultural lands and installed motors by obtaining electricity service connections from the Transmission Corporation of Andhra Pradesh Limited (AP TRANSCO). Their grievance is that though there was no default on their part in paying the service consumption charges, the electricity authorities on 24.09.2006 disconnected the power supply and thereafter restored it upon their entreaties. They were informed that the said action was at the behest of the Revenue Divisional Officer, Bandar. Copy of the proceedings dated 09.03.2006 passed by the Revenue Divisional Officer was furnished to them wherein it was stated that some of the ryots were unauthorizedly lifting water from Ramarajupalem channel causing inconvenience to the other ayacutdars and a team was constituted for inspecting the channel and taking necessary action against such persons. The petitioners claim that they are drawing water from their own bore wells and wells situated in their agricultural lands and assert that they did not draw any water from the channel. Apprehending that the authorities may once again disconnect the power supply, they filed the present writ petition. By order dated 11.01.2007, this Court directed the AP TRANSCO not to disconnect the power supply to the bore wells of the petitioners so long as they do not draw water from Ramarajupalem Channel. Upon the vacate stay petition filed by the first respondent, Assistant Executive Engineer, Irrigation Department, Machilipatnam, and the fourth respondent, the Revenue Divisional Officer, Bandar, this interim order was made absolute subject to the condition that the petitioners do not use the electrical connection for the purpose of drawing water from Ramarajupalem Channel and do not commit any default in paying the electricity consumption charges. In his counter filed in support of the above vacate stay petition, the first respondent admitted that the petitioners were ayacutdars of Ramarajupalem Channel in the upper reaches. It is alleged that the ryots in the upper reaches, taking advantage of their geographic location, started storing the water from the channel for their irrigation needs. This storage was resorted to by installing electricity motors and oil engines. To curb this mischief, a team was constituted to inspect and take necessary action against such illegal drawing of water through electrical motors. Insofar as the petitioners are concerned, it is stated that the lesser extent of their land holdings and the excessive capacity of the motors fitted by them in such lands indicated that the same were being misused for drawing water from the channel. However, the officer did not cite any specific instance of apprehending any of the petitioners while they were indulging in such illegal activity. The officer also did not deny the averments made by the petitioners that their lands were situated at a distance of over 900 ft. from the channel. Though it is stated that the groundwater in this area is unfit for irrigation purpose, there is no denial of the averment made by the petitioners that they have dug bore wells in their agricultural lands. On the basis of mere surmise and conjecture, it is not open to the authorities to decide unilaterally that the petitioners are resorting to drawing of water illegally from the channel by using their motors and electrical service connections. There must be necessary proof in this regard. Without ascertaining such illegal activity on facts, it is not open to the authorities to take coercive action against the petitioners by disconnection of their power supply. As long as the petitioners use their motors and electrical service connections only for the purpose of drawing water from the bore wells and wells in their own agricultural lands be it for whatever purpose, the authorities can have no cause for complaint. It is for the authorities to verify whether the petitioners have in fact dug bore wells and wells in their lands and whether they are utilizing the motors and electrical service connections only for the purpose of drawing water from such wells. In the event they find that the petitioners are using this facility for a purpose other than this, i.e., for drawing water from the channel, it is always open to them to take necessary action against the petitioners in accordance with law. Without first confirming the fact, the authorities cannot interfere with the activities of the petitioners by directing the disconnection of their power supply. The writ petition is accordingly disposed of with the aforestated directions. There shall be no order as to costs. __________________ SANJAY KUMAR, J Date: 29.07.2010 Isn