HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 27314 OF 2009 . DATED -------July, 2011. BETWEEN Sura Raja Rao …Petitioner And The Principal Secretary to Government, I & CAD Department & Commissioner CAD, Jalasoudha Buildings,Erramanjil, Hyderabad and ors ….Respondents. HONOURABLE SRI JUSTICE ASHUTOSH MOHUNTA WRIT PETITION No. 27314 of 2009 ORDER: The petitioner is a resident of Korlakota village in Amadalavalasa Mandal of Srikakulam District. He lives by agriculture. It is his case that in the year 2002-2003, the existing two Water Users Associations were divided and reconstituted into three Water Users Associations, namely, Korlakota-I, Korlakota-II and Thogaram Water Users Associations and each Water Association consists of twelve territorial constituencies. At the time of bifurcation of the aforesaid two Water Users Associations, some discrepancies and irregularities were committed in fixing the boundaries and preparation of voters lists, and, to rectify the same, the petitioner had submitted a representation to the Honourable Minister for Medium Irrigation, Government of Andhra Pradesh, which was forwarded to the first respondent who in turn referred the same to the District Collector. The District Collector, in turn, directed the Tahsildar, Amadalavalasa to take immediate steps for rectification of the defects in the voters list and boundaries of the aforesaid Water Users Associations. A copy of the same was also marked to the Executive Engineer, I & C.A.D. , Irrigation Division, Srikakulam, who informed the Tahsildar, Amadalavalasa by letter dated 8.12.2009 that for the rectification and finalization of the voters list of all the 12 territorial constituencies of aforesaid each Association and its boundaries will have to be conducted jointly with the Departments of Revenue and I & C.A.D. and it would take at least three months’ time. The Tahsildar, Amadalavalsa in turn informed the same to the District Collector vide letter dated 08.12.2009. While stating that the territorial constituencies of the aforesaid Water Users Associations should have equal areas, he pointed out in the affidavit filed in support of the Writ Petition the inequalities in the areas with wide differences in the areas of the aforesaid Water Users Associations. The grievance of the petitioner is therefore that without rectifying the discrepancies and irregularities and without preparation of the voters lists, the respondents are proceeding to conduct elections to the aforesaid Water Users Associations. He seeks a consequential direction to the respondents not to conduct elections to the aforesaid Water Users Associations till the finalization of new boundaries and preparation of voters lists. The fourth respondent filed a counter affidavit wherein it is stated that during November, 2007, a notification was issued by the second respondent in Gazette No. 426, dated 20.11.2007 regarding ayacut, names of the villages covered by each Water Users Associations as per sub-section (1) of Section 3 of the Andhra Pradesh Farmers Management of Irrigation System Act, 1997 and based on the same, elections are being conducted by the Revenue Authorities every two years. It is stated that the petitioner has not raised any objections upto December, 2009 and now when the elections are proposed, the petitioner has raised an objection. He further stated that equal bifurcation of ayacut for each Territorial Constituency has to be done by Revenue and Irrigation Departments jointly which requires some reasonable time. He further stated that pursuant to the representation of the petitioner, action has been initiated to finalize the boundaries of each Water Users Association as per the rules framed under the Andhra Pradesh Farmers Management of Irrigation System Act, 1997 and the same would be ready for ensuing Water Users Associations elections, 2011. He stated that elections which were to be conducted in the year 2010 as per election schedule have been postponed by one year. Heard both sides. Perused the case file. Pursuant to the representation submitted by the petitioner to rectify the discrepancies and irregularities committed while bifurcating the aforesaid Waters Users Associations, the respondents have initiated action and it appears, they have also postponed elections scheduled to be held in the year 2010 to 2011. In the counter affidavit, the respondents have averred that at least three months’ time would be required to rectify the aforesaid defects. They also undertook in the counter affidavit that as per the rules framed under the Andhra Pradesh Farmers Management of Irrigation System Act, 1997, finalization of boundaries and rectification of voters lists of the aforesaid Water Users Association would be completed and kept ready for the ensuing elections to be conducted scheduled in the year 2011. In view of the specific stand taken by the respondent authorities in the counter affidavit filed before this Court, the apprehension of the petitioner cannot be countenanced. Recording the aforesaid undertaking of the respondents, the Writ Petition shall stand dismissed. However, it is made clear that the respondents shall complete the finalization of the boundaries and rectification of voters lists of the aforesaid Waters Users Associations in the first instance and then proceed with the conduct of elections. There shall be no order as to costs. Consequently WVMP.No.1988 of 2010 shall stand closed. -------------------------------------- JUSTICE ASHUTOSH MOHUNTA Dated --------July, 2011. Msnro