IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE V.V.S. RAO WRIT PETITION NO : 20230 of 2008 Between: B. Obi Reddy S/o. Chinnapodu Anantapur District. ..... PETITIONER AND 1 The Superintending Engineer, Irrigation Circle, Anantapur , Anantapur District. 2 The Project Director, District Water Management Board Anantapur, Anantapur District. 3 The Deputy Executive Engineer, Quality Control, District Water Management Board, Anantapur, Anantapur District. 4 The District Collector, Anantapur, Anantapur District. 5 K. Ramakrishna Reddy S/o. K. Venkata Ramana Reddy Mamillapalli Village, Kanaganapali Mandal, Anantapur 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 to issue appropriate writ order or direction more particularly one in the natrue of writ of Mandamus declaring the action of the Oﬃcial respondents in going to Construct the check dam at Paletivanka, Gotluru Village, Dharmavaram Mandal, Anantapur District in pursuant to the tender notice NO. 4 2008-09 dt. 8-5- 2008 without conducting the ﬁled enquiry or considering my objections is arbitrary, illegal, and violative of Article 21 of the Constitution of India and consequently direct the respondents to change the check dam in to smaller one and pass such other order or orders Counsel for the Petitioner: MR.KUMMATHI VENKATESULU Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following Order: THE HON'BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.20230 of 2008 ORDER: The petitioner is a resident of Gotluru Village. He is statedly holder of small agricultural land. He dug borewell for the purpose of irrigation. His grievance is that at a cost of Rs.3,00,000/-, respondent Nos.1 to 4 are taking up construction of a check dam across Paletivanka in the Village. He apprehends that if the check dam is constructed, there is likelihood of submergence of his land and borewell resulting in lot of damages. Therefore, he and the villagers made representation dated 03.06.2008 to fourth respondent requesting to go in for small check dam in place of proposed larger check dam, in vain. He, therefore, seeks a writ of Mandamus, inter alia, directing the respondents to construct a small check dam across Paletivanka. Learned counsel for both sides made their submissions. After giving anxious consideration to the grievance of the petitioner, this Court is not able to countenance the submission that writ petition would lie in such a factual background. Whether a larger check dam or smaller check dam constructed on a water stream and whether such check dam would result in causing loss to the petitioner’s land, are matters for expert’s opinion. Except ﬁling a copy of the complaint/representation dated 03.06.2008 made by the petitioner and the villagers, which was forwarded by second respondent- project director to third respondent, no other material is placed before this Court. Therefore, the petitioner is given liberty to pursue the matter with the District Collector, who is directed to lookinto the representation of the petitioner and take necessary action. With the above observations, the writ petition is disposed of. No costs. _____________ (V.V.S.RAO, J) 17th September, 2008 Note: Issue CC in one week. (B/o) GHN To 1 The Superintending Engineer, Irrigation Circle, Anantapur , Anantapur District. 2 The Project Director, District Water Management Board Anantapur, Anantapur District. 3 The Deputy Executive Engineer, Quality Control, District Water Management Board, Anantapur, Anantapur District. 4 The District Collector, Anantapur, Anantapur District. 5 K. Ramakrishna Reddy S/o. K. Venkata Ramana Reddy Mamillapalli Village, Kanaganapali Mandal, Anantapur District. 6 2CCs to GP for Irrigation & Command Area Development 7 2CD copies Form-NIC-OGS/WP{VSMI}