IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) PRESENT: THE HON’BLE MR. JUSTICE C.V.NAGARJUNA REDDY THURSDAY, THE FOURTH DAY OF AUGUST, TWO THOUSAND AND ELEVEN WRIT PETITION No.22024 of 2011 Between: Peera Sab and another. … Petitioners And The District Collector, Kurnool, Kurnool District and others. … Respondents Counsel for the petitioners: Sri Ch.Srinivas. Counsel for the respondents: AGP for Irrigation and Command Area Development. This Court made the following: ORDER:- This Writ Petition is filed for a Mandamus to declare the action of respondents in not releasing water to the petitioners’ agricultural fields for irrigation, as illegal and arbitrary. The petitioners pleaded that they are the residents of Samthakudluru village, Adoni Mandal of Kurnool District; and that they are small and medium farmers irrigating their lands under DP.72 Canal emanating from Tungabhadra river. They have further stated that they raise crops in kharif season every year; that when the water was not released earlier, they made a representation on 18-8-2009; and that as the said representation was not considered, they have approached this court, which has granted a direction; in pursuance of which water was released during that season. The petitioners feel aggrieved by the alleged non-release of water for the current kharif season. The petitioners failed to specifically plead that they have approached the respondents with specific representations as was done during the kharif season of 2009. Except the vague plea that the respondents are not releasing the water, the petitioners have not shown that they have approached the respondents with specific request; and that despite the same the respondents have not been releasing the water. Before seeking a writ of mandamus, the petitioners will have to first demand justice from the respondents as held by the Apex Court in Kamini Kumar vs. State of West Bengal[1] and Amrit Lal vs. Collector, Central Excise Central Revenue[2]. As the petitioners failed to show that they have approached the respondents for this kharif season, no relief can be granted to them in this Writ Petition except to the extent that they are permitted to make a representation to the competent authority with a request for release of water. If such a representation is made, the competent authority shall take a decision immediately. If the petitioners feel aggrieved by such decision, they can avail appropriate remedy in accordance with law. Subject to the above observations, the Writ Petition is disposed of. As a sequel, WPMP No.26831 of 2011 is disposed of as infructuous. ---------------------------------------- C.V.NAGARJUNA REDDY,J Date:4-8-2011 MNR [1]) AIR 1972 SC 2060 [2]) AIR 1975 SC 538