IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIRST DAY OF APRIL TWO THOUSAND AND FIVE PRESENT THE HON'BLE MR JUSTICE ELIPE DHARMA RAO WRIT PETITION NO : 9239 of 2005 Between: 1. Kapugurla Malayadri S/o Kondaiah, 30 years, Cultivation, R/0 Krakuturu, Kaligiri Mandal, Nellore District. 2. Ravuru Peda Penchal Reddy, S/o Yerra Penchal Reddy, 56 years, R/o Krakuturu h/o Timmareddy Palem, Kaligiri Mandal, Nellore District. ..... PETITIONERS AND 1. The District Collector, Nellore, Nellore District. 2. The Revenue Divisional Officer, Kavali, Nellore District. 3. The Mandal Revenue Officer, Kaligiri Mandal, Nellore (D) .....RESPONDENTS 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 a Writ, order or direction, more particularly one in the nature of Writ of Mandamus declare the inaction of the part of the 1st respondent in considering and disposing the appeal/representations made by the petitioners Dt 8-4-05 amounts to erroneous, arbitrary and violative of Arts. 14, 19 and 21 of the constitution of India and consequently direct the respondents to insert the names of the petitioners in the voters list of Water Users association of Krakuturu Big and small tank, Kaligiri Mandal, Nellore District and to pass necessary order or orders as this Hon'ble Court may deem fit. Counsel for the Petitioner: MR.T.C.KRISHNAN Counsel for the Respondents: GP FOR IRRIGATION & COMM AREA DEV. The Court at the stage of admission made the following : THE HON’BLE SRI JUSTICE ELIPE DHARMA RAO WRIT PETITION NO. 9239 OF 2005. ORAL ORDER: Petitioners seek declaration that the action of the respondents in holding elections for the Krakuturu village Water Users Association on 25.4.2005 pending their appeal as illegal and arbitrary and contrary to the A.P. Farmers’ Management of Irrigation Systems (Delineation and formation of Water Users Associations) Rules, 2003. As seen from the record, the voters’ list was published on 2-4-2005 and that the petitioners filed their objections before the District Collector on 8.4.2005 i.e. within seven days as prescribed under the amended Rule 10 of the Rules, for correction of the voters’ list, but the same was not considered. Having regard to the said facts and circumstances, since the petitioners have filed their objections within the time limit, the District Collector is hereby directed to dispose of the objections/appeals preferred by the petitioners before 25.4.2005, in accordance with law. With the above direction, the writ petition is disposed of at the stage of admission. No costs. -------------------- 21-04-2005 Note: Issue operative portion of the Order on wire at party’s cost. B/0 kvsn. To 1. The District Collector, Nellore, Nellore District. 2. The Revenue Divisional Officer, Kavali, Nellore District. 3. The Mandal Revenue Officer, Kaligiri Mandal, Nellore (D) 4. Two CCs to GP FOR IRRIGATION & COMM AREA DEV. High Court buildings, Hyderabad. 5. Two CD copies.