IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE SEVENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 25418 of 2002 Between: Pepella Dasharatha Ramaiah, S/o.Laxmaiah, Hindu, R/o.Jangalapally (V), Kondapuram Mandal, Nellore District. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by Secretary, Irrigation Department, Secretariat Buildings, Hyderabad. 2 Deputy Executive Engineer, Irrigation Department, Special Sub-Division, Pinjamuru, Nellore District. 3 Assistant Executive Engineer, Irrigation Department, Kondapuram Section, Kondapuram, Nellore District. 4 Executive Engineer, Irrigation Department, Nellore North Division, Kavali, Nellore 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 to issue a writ, order or direction, one particularly in the nature of Writ of Mandamus, declaring the action of the Respondent No.2 in issuing notice No.351 M dated:18.12.2002 directing me to remove the water pipeline laid from Midathavagu to my 36 acres of lands in Survey Nos.220/1, 220/2 and 220/3 of Ganugupenta Village, Kondapuram mandal, Nellore District at my expense without giving any opportunity of submitting my expense without giving any opprotunity of submitting my explanation and the action of the Respondent Nos.2 & in arbitrary removal of the electric Pumpsets fitted to the said pipeline on 14.12.2002 is illegal, arbitrary and opposed to the principles of natural justice and direct the Respondent No.2 & 3 to restore the 3 electric Pumpsets removed from the pipeline and not to take any steps in removal of the pipeline or its components between Midathavagu and my lands of 36 Acres in Survey Nos.220/1, 220/2 and 220/3 of Ganugupenta Village, Kondapuram Mandal, Nellore District and pass. Counsel for the Petitioner:MR.K.SOMESWARA KUMAR Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : ORDER: The petitioner seeks to issue a writ of mandamus declaring the action of the 2nd respondent in issuing notice No.351M dated 18.12.2002 directing him to remove the water pipeline laid from Midathavagu to his lands situated in Sy.Nos.220/1, 220/2 and 220/3 in an extent of Ac.36.00 cents at Ganugupenta village, Kondapuram Mandal, Nellore District at his expense without any opportunity of submitting his explanation and the action of the respondents 2 and 3, as illegal and arbitrary and to direct the respondents 2 and 3 to restore the three electric pump sets removed from the pipeline and not to take any steps in removal of the pipeline or its components. It is stated that the petitioner began to draw the water illegally from Midathavagu to the unregistered ayacut of the petitioner. The petitioner is not entitled to utilize the water from the said source as no permission has been obtained from the authority concerned. As the petitioner illegally laid the pipeline to draw the water from the said tank, the impugned notice has been issued. In the aforesaid facts and circumstances of the case, while admitting the writ petition, this Court permitted the petitioner to make a representation to the authority concerned and on filing such representation, it was directed to consider the same. Accordingly, it is stated that the petitioner made a representation and the said representation was considered by the 4th respondent permitting to draw the water from Midathavagu for the standing crop in an extent of Ac.36.00 cents until the crop is harvested. As the water in the said reservoir is depleted, the petitioner was not permitted to draw the water. Having regard to the facts and circumstances of the case, I am of the opinion that no further orders required to be passed in this writ petition, as admittedly the petitioner has not obtained any permission for drawing the water from the authority concerned. However, it is open to the petitioner to make a representation for permitting him to draw the water from the said tank and if any such representation is made, it is for the respondents to consider and dispose of the same in accordance with law. With the aforesaid observations, the writ petition is disposed of. There shall be no order as to costs. ______________ V.ESWARAIAH, J. Date:07.03.2008 Ccm To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TML}