IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MRS JUSTICE T.MEENA KUMARI and THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 13248 of 2008 Between: ITC Limited, Having its registered Office At "Virginia House, 37 Jawaharlal Nehru Road, Kolkata - 700 071, with the Divisional Head Quarters of its Paperboards and Specially Papers Division situated at 106, S.P. Road, Secunderabad and Rep. by its Vice President (Finance), Mr. Raja Parasuram. ..... PETITIONER AND 1 State of Andhra Pradesh, Rep. by its Principal Secretary to the Government Irrigation and CAD Department, Jalasoudha, Erramanzil, Hyderabad. 2 The Joint Collector, Khammam District, Khammam. 3 I/c. Executive Engineer, I & CADD, Irrigation Department, Bhadrachalam. .....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 issue an appropriate Writ, order or direction more particularly one in the nature of Mandamus declaring the impugned demand in Lr. No. TS/TO/JTO-2/657/A/M, dated 10-8-2007 raised by the 3rd respondent as illegal, void and inoperative and set aside the same and pass such other order or orders. Counsel for the Petitioner: MR.S.CHAKRAPANI Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : W.P.NO. 13248 OF 2008 ORDER: (Per Sri Ramesh Ranganathan, J) Aggrieved by the order dated 10.8.2007 passed by the 3rd respondent whereby the petitioner herein was directed to pay Rs. 3,07,79,417/- towards Water Royalty Charges, the petitioner has filed this writ petition. Several contentions were raised, but suffice if the averment in the writ affidavit is taken note of wherein the petitioner contends that he has submitted a revision petition under Section 62 of the Andhra Pradesh (Telangana Area) Irrigation Act, 1357 F. (for short “the Act”) before the 1st respondent who declined to receive the revision petition on the ground that the revision at the instance of the aggrieved party was not maintainable. It is specifically averred that the 1st respondent has orally informed that the rate adopted by the 3rd respondent was correct. Section 62 of the Act reads as under, “62. Power of revision: The Government may, for the purpose of satisfying itself as to the legality and the regularity of any proceeding of a Collector or on Irrigation Officer, call for and examine the relevant papers of the proceedings under this Act. When on examining the papers of any case, the Government considers that the order or decision of such officer should be amended, it may amend or cancel such order or decision or pass such other order as it may think fit.” The said provision empowers the Government, for the purpose of satisfying itself the legality and the regularity of any proceedings of a Collector or Irrigation Officer, to call for the records and cancel the proceedings. The power of revision which is conferred on the Government can be exercised either by itself or on the basis of the information furnished by the person aggrieved. Since the petitioner was aggrieved by the order of the 3rd respondent, he was entitled to invoke the jurisdiction under Section 62 of the Act and request the Government to revise the said order. If the revision was made by the petitioner who was aggrieved, it would not disentitle the Government to exercise the powers of revision. Since the petitioner has effective alternate remedy of revision against the impugned order, this writ petition is not maintainable. Sri S.R. Ashok, learned senior counsel appearing for the petitioner states that the petitioner would file a revision within two weeks from today. In case such a revision is filed, the 1st respondent shall entertain the revision and pass appropriate orders thereon in accordance with law within a period of four weeks from the date of receipt of the application seeking revision. The writ petition is accordingly disposed of. No order as to costs. ___________________ T. MEENA KUMARI, J _________________________ RAMESH RANGANATHAN, J Dt.26.6.2008 NB: CC of order be furnished in three days. /BO/ KR ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1 The Principal Secretary to the Government Irrigation and CAD Department, Jalasoudha, Erramanzil, Hyderabad. 2 The Joint Collector, Khammam District, Khammam. 3 I/c. Executive Engineer, I & CADD, Irrigation Department, Bhadrachalam. 4. 2 CCs to GP for Irrigation and Command Area Development 5. 2 CD copies Form-NIC-OGS/WP{SPJS}