THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4079 OF 2002 DATED:18.06.2010 Between: K.Srinivasulu .. Petitioner And The Mandal Revenue Officer, Madakasira Mandal, Anantapur District .. Respondent THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.4079 of 2002 ORDER: The petitioner is resident of Madakasira in Anantapur District. He owns land admeasuring Ac.1.42 cents in Survey Nos.204-5 and 209-5 of Godanahalli Village, Madakasira Mandal, Anantapur District, which he statedly purchased under three registered sale deeds. He alleges that on a representation given by the villagers inimically disposed of towards him, the Mandal Revenue Officer (MRO) issued an endorsement/order being R.C.No.29/2002, dated 22.02.2002 directing the petitioner not to obstruct the very flow of water through Survey Nos.198, 199, 204, 205 and 209 from the irrigation source known as Dayyala Cheruvu and that the petitioner should immediately restore the irrigation channel in Survey No.209. Aggrieved by the said endorsement, the petitioner filed the instant Writ Petition. Counsel for the petitioner vehemently contends that no notice of enquiry was given by the respondent while conducting enquiry into the complaint given by the villagers and therefore the impugned order is unsustainable. Insofar as the factual aspects are concerned, counsel denies the self-explanatory factual background of the impugned endorsement. Respondent filed counter affidavit. It is stated that five villagers gave a complaint alleging that the petitioner caused inconvenience by digging channel in the above survey numbers. The MRO conducted an enquiry on 11.02.2002 along with the Mandal Surveyor and the Mandal Revenue Inspector after duly inspecting the fields in question. During such enquiry, it was stated that five farmers of the village were getting water from the irrigation tank through field channels passing from the field of the petitioner and that due to closure of the channels and inadequate supply of water, the crops dried up. It is also revealed that field channels exist in the land for over six decades. The allegation made by the petitioner that there is no field channel in Survey Nos.204-5 and 209-5 is denied. It is further averred that the MRO conducted an enquiry in the presence of ayacutdars/ryots of the village and also the petitioner herein. The petitioner has not filed any reply affidavit denying the counter averments. Heard the counsel for the petitioner and the Assistant Government Pleader for Revenue (Andhra Area). Whether there are field channels passing through the land purchased by the petitioner comprised in Survey No.204-5 is certainly a question of fact. Insofar as the finding on such things is concerned, the fact finding authority is the MRO. If the MRO has conducted an enquiry in the village in the presence of the aggrieved ayacutdars as well as the petitioner, any grievance with regard to the same can be redressed by a superior fact finding authority like the Revenue Divisional Officer. A Writ Petition is not a proper remedy. If so advised, the petitioner may approach the Revenue Divisional Officer by filing an appeal, in which event, the same may be considered and appropriate orders be passed within a period of eight weeks from the date of filing of the appeal. The Writ Petition, with the above observation, is disposed of. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 18.06.2010 KH