THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.17968 of 2009 Dated 29th September, 2011 Between: Pusapati Venkata Subba Raju and others …Petitioners And The District Collector, Visakhapatnam and others …Respondents Counsel for the petitioners: Sri K.Subrahmanyam Counsel for respondent Nos.1 & 2: AGP for Revenue Counsel for respondent Nos.3 & 4: AGP for Irrigation & CAD Counsel for respondent No.5: Sri Venkateswara Rao Gudapati The Court made the following: ORDER: This writ petition is filed for the following substantive relief: “…to issue a writ order or direction more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in diverting the Peddacheruvu Water Stream of Vajragada Village, Makavarapalem Mandal, Visakhapatnam District by constructing a Check-dam in between Gidutur Village and Yendapalli Village, Makavarapalem Mandal, Visakhapatnam District without following the procedure as contemplated under the A.P.Irrigation (Construction and Maintenance of Water Courses) Act, 1965 as without jurisdiction, arbitrary and illegal and consequently direct the respondents not to proceed with the construction of the check-dam.” At the hearing, Sri K.Subrahmanyam, learned counsel for the petitioners, seeks permission of the Court to withdraw the writ petition with liberty to his clients to file a civil suit. This request of the learned counsel is accepted and the writ petition is dismissed as withdrawn with liberty in terms of the prayer made. As a sequel to dismissal of the writ petition, W.P.M.P.No.23549 of 2009 and W.V.M.P.Nos.1494 and 1671 of 2010 are disposed of as infructuous. C.V.NAGARJUNA REDDY, J 29th September, 2011 VGB