THE HONOURABLE SRI JUSTICE C.V. RAMULU WRIT PETITION No.11201 OF 2005 DATED: 28.01.2010 Between: Pendyala Surya Bhaskara Rao and others .. Petitioners And The Managing Director, A.P. State Irrigation Development Corporation Ltd., Hyderabad and others. .. Respondents ORDER: It is the case of the petitioners that there are more than 300 small farmers including themselves in the villages of Jagannadhapuram and Nawabpalli in Tadepalligudem Mandal, West Godavari District, and the lands held by them are irrigable dry lands, and that, with an intention to ensure equitable supply of water to their lands, the scheme known as “Arulla Lift Irrigation Scheme” was conceived by the A.P. State Irrigation Development Corporation Limited, Hyderabad, in the year 1990, and commissioned in the year 1994, and the funds for execution of the Scheme have to be provided by the Government, Corporation and the farmers/beneficiaries. It is their further case that though the total extent of the ayacut to be irrigated under the Scheme is 700 acres, only 400 acres held by about 180 farmers have been receiving water supply from the Scheme and the remaining extent of 300 acres held by about 150 farmers, who have hypothecated their lands with bank for raising loans and making cash contributions to the Scheme, have not been receiving even a drop of water from the Scheme, as the underground pipes carrying water from canal to ayacut have been laid at a lower level than the segment of 300 acres. Though they have submitted several representations to the Corporation as well the other official respondents, for taking necessary action to provide water to their lands, no action has been taken thereon and, on the advice of the Corporation, in the year 1997, a society called “Arulla Ethipothala Padhakam Rytula Paraspara Sahaya Sahakara Sangham Ltd.” was formed under the president-ship of 6th respondent and in the year 2003, at the instance of the Corporation, it was registered under the provisions of the Mutually Aided Cooperative Societies Act, 1995. It is the grievance of the petitioners that disputes have arisen between the 6th respondent and some of the beneficiaries receiving water supply lead by the 7th respondent and, though the Government released a sum of Rs.21,00,000/-, in the month of January 2005, for renovation of scheme and for providing water to all the ayacutdars, no steps have been taken by the authorities for laying a new pipeline in the non- irrigated ayacut, and instead the authorities have been taking steps to carryout minor repairs here and there to the existing pipeline, which will be of no use. Hence, the petitioners filed the present writ petition seeking appropriate directions for laying new pipeline. While admitting the writ petition on 05.10.2005, this Court passed the following interim order in W.P.M.P.No.14366 of 2005: “Though time was granted to the respondents to file counter affidavit, way back in the month of May 2005, they have not filed any counter affidavit as yet. The grievance of the petitioners is that the approved ayacut of the Lift Irrigation Project is not being provided with water. Having regard to the facts and circumstances of the case, the respondents 1 to 4 are directed to ensure that the approved ayacut of Lift Irrigation of Arulla Ethipothala Pathakam is provided with adequate water, during the respective seasons.” In spite of the aforesaid interim orders, the respondents have not filed any counter. In the circumstances, the writ petition is disposed of directing the respondent officials to ensure that the approved ayacut of Lift Irrigation of Arulla Ethipothala Pathakam is provided with adequate water, during the respective seasons continuously, every year. No order as to costs. _________________ JUSTICE C.V. RAMULU 28th January, 2010. IBL