IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE FOURTEENTH DAY OF AUGUST TWO THOUSAND AND SEVEN :PRESENT: THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 15476 of 2007 Between: 1 Thammineni Pullaiah, S/o.late Naganna, 2 Boyapati Kambaiah Naidu, S/o.late Pullappa, ..... PETITIONERS AND 1 The Superintending Engineer, Thungabhadra Project HLC, Irrigation & Command Area- Development Department, Ananthapur. 2 The Executive Engineer, Guntakal Branch Canal, Irrigation & Command Area Development Department,, Guntakal, Anmantapur District. 3 The Deputy Executive Engineer, Guntakal Branch Cannel, Irrigation & Command Area Development Department, Guntakal, Anantapur District. 4 K. Rangaiah, S/o.late Rangappa, R/o. C/o.Sai Vinhayaka Fertilizers, Dharamavaram Gate Road, Gunthakal, Ananthapur District. 5 K. Ranganayakulu, S/o.Rangaiah, R/o.C/o.Sai Vinayaka Fertilizers, Dharamvaram Gate road, Gunthakal, Ananthapur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of writ of mandamus, declaring the action of the respondents No.1 to 3 in not taking any steps to restore the Gunthakal Branch Canal of the Thungabhadra Project High Level Canal at the distributory point 13-A, which is closed by the 5th respondent is as illegal, arbitrary, unjust and unconstitutional, consequently directing the respondents 1 to 3 to restore the said canal forthwith as it was existed prior to the closing by the 5th respondent and also directing the respondents 1 to 3 to initiate action against the 5th respondent as per land for his illegal action in closing the canal . The petition coming on for hearing, upon perusing the petition and the affidavit filed in support there of and the High Court order dated 20/07/2007 and 03/08/2007 and made herein and upon hearing the arguments of Sri . G. JAGADEESWAR, Advocate for the Petitioner and G.P. for Irrigation & CAD for the Respondents No’s 1 to 3 the Court made the following ORDER Sri P. Sainath, learned counsel, takes notice for respondents 4 and 5. Learned Government Pleader for Irrigation submits that they have not received any instructions from respondents 1 to 3, as yet. From a perusal of the record, and in particular, the order passed by this Court in W.P. No. 12001 of 1986, filed by the 4th respondent herein, it is evident that the distributory, at point No. 13-A existed, even in the year 1986, and was passing through the land of the petitioners in NS No. 1063-A, to irrigate an extent of 280 acres, of recognized ayacut. This court directed the authorities of the irrigation Department to complete the localization of the lands in the area. Even assuming that the localization has not been completed, as yet, there cannot be any justification for the closure of the canal by the respondents 4 and 5. Hence, there shall be interim direction to the respondents 1 to 3, to restore the distributory, that existed at Point No. 13-A, but limiting the irrigation to the recognized ayacut; forthwith. It is also directed that the respondents 1 to 3 shall complete the localization of the lands and provide bunds on both sides of the canal, to ensure that the lands of the respondents 4 and 5 are not unduly eroded. ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1. The Superintending Engineer, Thungabhadra Project HLC, Irrigation & Command Area- Development Department., Ananthapur. 2 The Executive Engineer, Guntakal Branch Canal, Irrigation & Command Area Development Department., Guntakal, Anmantapur District. 3 The Deputy Executive Engineer, Guntakal Branch Cannel, Irrigation & Command Area Development Department, Guntakal, Anantapur District. 4 K. Rangaiah, S/o.late Rangappa, R/o. C/o.Sai Vinhayaka Fertilizers, Dharamavaram Gate Road, Gunthakal, Ananthapur District. 5 K. Ranganayakulu, S/o.Rangaiah, R/o.C/o.Sai Vinayaka Fertilizers, Dharamvaram Gate road, Gunthakal, Ananthapur District. ( 1 to 5 BY RPAD ) 6. 1 C.C. TO Sri . G. JAGADEESWAR, Advocate ( opuc ) 7. 2 c.c. to G.P. for Irrigation & CAD HIGH COURT OF A.P. HYD (OUT ) 8. 1 SPARE A COPY. Ags Ags Drafted on 16/08/2007 HIGH COURT LNR J. Dt: 14/08/2007 ORDER WP. NO. 15476 OF 2007 INTERIM DIRECTION Ags Drafted on 16/08/2007 HIGH COURT LNR J. Dt: 14/08/2007 ORDER WP. NO. 15476 OF 2007 INTERIM DIRECTION