HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No.10487 of 2011 18th April, 2011 Between :- Smt.K.Jhansi and another .. Petitioner And The Government of Andhra Pradesh Rep. By its Prinicipal Secretary, Revenue Department, Secretariat, Hyderabad and others .. Respondents HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO Writ Petition No.10487 of 2011 ORDER:- This Writ Petition has been preferred by two of the land owners of Kalla village, complaining that the Revenue Divisional Officer, Narasapur, gave direction to the Deputy Executive Engineer, Irrigation Department, Undi, to restore a feeder bodi commencing from pipe No.27, adjacent to Ajjamuru Channel. According to the learned Counsel appearing for the petitioners the Revenue Divisional Officer passed these orders based upon a complaint said to have been lodged by one Sri M.Narasimha Murthy, a Superintending Engineer (Retd.) of APSEB and also upon the report said to have been submitted by the Tahasildar, Kalla, on 10-3-2011. According to the learned Counsel appearing for the petitioners if an opportunity has been provided to the petitioners herein, they could have demonstrated with reference to the data and particulars contained in the Field Measurement Book and other Revenue Records of the village that there is no such feeder bodi from the adjacent irrigation channel. Since the Revenue Divisional Officer has not provided them with such an opportunity, the impugned Order directing the Deputy Executive Engineer, Irrigation Department, Undi, to restore a non-existing bodi would result in a portion of the land, converted by the petitioners as a Fish Tank, to be impaired. Let the Revenue Divisional Officer give an opportunity to the petitioners of hearing and after considering their objections, if any, an appropriate order either for restoration or otherwise of the bodi be ordered. It is needless to observe that the complainant Sri M.Narasimha Murthy should also be simultaneously put on notice by the Revenue Divisional Officer. Till such time, the Revenue Divisional Officer takes a decision in the matter afresh, the order passed by him on 16-3-2011 may not be given effect to by the 4th respondent – the Deputy Executive Engineer, Irrgation Department, Undi Sub-Division, Undi, West Godavari District. This Writ Petition is disposed of at the admission stage itself after hearing the learned Government Pleader for Revenue. No costs. ___________________________ Nooty Ramamohana Rao, J 18th April, 2011 smr