IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY THIRD DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 17091 of 2002 Between: 1 Water User Association of Narasanna Tank, Tirumalapuram, Rep. by its President Kanaparthy Srinivas, S/o.Veeraraju, R/o. Tirumalapuram, Jangareddygudem Mandal, W.G.District. 2 Water User Association of Kallepalli Tank of Asannagudem, Rep.by its President Panuganti Ramakrishnarao,S/o.Venkata ra R/o. Asannagudem, Vemulapalli Post, Lingapalem Mandal, W.G.District. ..... PETITIONER(S) AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Irrigation & Command Area Development Department, Secretariat Buildings, Hyderabad. 2 The Executive Engineer, Irrigation Division, Eluru, West Godavari District. 3 The Deputy Executive Engineer (I&E), Sub Division, Jangareddygudem, West Godavari District. .....RESPONDENT(S) 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 1st respondent in issuing G.O.Ms.No.119, Irrigation & Command Area Development (CAD.IV.1) Dept, dt. 15.6.2002 directing the 2nd and 3rd respondent to take koverthe charge of the Water Users Associations including the petitioner as soon as the tenure of the Associations is completedand the further action for the resondents 2 and 3 in seeking to take charge of the petitioners as arbitrary, illegal unjust and violative of the Fundamental Right guaranteed under Article 14 of the Constitution of India and contrary to the objects and provisions of A.P.Farmers Management of Irrigation Systems Act, 1997 and consequential direction to the respondents to continue the elected body of the petitioner till elections ar held and pass Counsel for the Petitioner:MR.VIJAYA KUMAR GORJE Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No.17091 of 2002 ORDER: The petitioners challenge the G.O.Ms.No.119, Irrigation & Command Area Development (CAD-IV.1) Department, dated 15.06.2002 issued by the first respondent. Through the impugned order, the first respondent directed respondents 2 and 3 to take charge of water users associations of Narasanna Tank of Tirumalapuram and Kallepalli Tank of Asannagudem i.e. the petitioners herein. The grievance of the petitioners was that though the law provides their continuance till the next committee is elected, the impugned order was passed with a direction to hand over the charge to officials. The writ petition was admitted and interim suspension was granted on 6.9.2002. Thereafter, elections were held to the associations and new incumbents were elected. Nothing remains to be decided in this writ petition and accordingly it is dismissed as infructuous. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY,J 23.12.2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{PRASAD}