THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2378 of 2007 Dated:12.03.2007 Between: Sabbella Surreddy and others ..Petitioners. And The Divisional Engineer and others. ..Respondents. THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.2378 of 2007 ORDER: Petitioners are owners of double crop wet-lands in various survey numbers of Ramavaram Village, Anaparthi Mandal, of East Godavari District. The lands are irrigated through Government source. They allege that the 5th respondent is undertaking construction in her land, without obtaining any permissions from the concerned authorities, and that the same is likely to obstruct the flow of irrigation water. Their grievance is that though they submitted a complaint to the respondents 1 to 4, about the unauthorized and illegal construction being undertaking by the 5th respondent, no action has been taken thereon. On behalf of the 5th respondent, a counter affidavit is filed, stating inter alia that a firm, by name, M/s Sri Vijaya Durga Industries, of which the 5th respondent is the Managing Partner, had proposed to bring about a rice mill in its own land. It is stated that the Gram Panchayat accorded its permission, and for change of land-use, the application submitted by it, is pending. It is also stated that the construction is being undertaken in such a way, that it does not cause obstruction to the flow of irrigation water. Learned Government Pleader had made submissions, on the basis of the instructions received by him. Heard the learned counsel for the petitioners, learned Government Pleader for Irrigation, and learned counsel for the 5th respondent. The grievance of the petitioners is twofold: The first is that the construction, undertaken by the 5th respondent, is not covered by the permissions under the relevant statutes, and the second is that the flow of irrigation water to their lands is obstructed, in view of the construction. The second grievance of the petitioners is virtually stands redressed, in view of the submissions made on behalf of the respondents, that all necessary steps were taken to ensure free flow of irrigation water by laying pipelines etc. So far as the first aspect of the matter is concerned, it is stated that the Gram Panchayat, had accorded its permission. The 5th respondent has placed before this Court, copies of permissions, issued by the Gram Panchayat, Industries Department, Town Planning Department, Commercial Tax Department, etc. However, the permission to change the land- use, has not been obtained. Under relevant provisions of the A.P. Agricultural Land (Conversion for Non- agricultural Purpose) Act, 2006 (for short ‘the Act’), an agricultural land cannot be put to any other use, unless the competent authority accords permission. Hence, the writ petition is disposed of, directing that the 5th respondent shall be entitled to proceed with the construction, only after necessary permission under Section 3 of the Act is obtained by her. There shall be no order as to costs. _________________________ L. NARASIMHA REDDY, J. Dt.12-03-2007 KO