IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE TWENTY SECOND DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 16091 of 2002 Between: The Peddacheruvu Water Users' Association, Rep. by its President- Inti Apparao, Bheemolu Village, Gopalapuram Mandal, West GodavariDistrict. ..... PETITIONER AND 1 Government of Andhra Pradesh, Rep. by its Secretary, Irrigation & Command Area Development, Secretariat, Hyderabad. 2 The District Collector, Eluru, West Godavari District. 3 The Superintending Engineer, Irrigation, Eluru, West Godavari District. 4 The Mandal Revenue Officer, Gopalapuram Mandal, West Godavari District. 5 Bheemolu Rajaka Sangham, Rep. by its President, Pedavegi Jagga Rao, S/o. Jangamaiah, Bheemolu Village, Gopalapuram Mandal, West Godavari 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, more particularly one in the nature of Mandamus declaring the action of the 4th Respondent in seeking to divide Peddacheruvu Tank of Bheemolu Village, Gopalapuram Mandal, West Godavari District, Andhra Pradesh and allot 3 acres of the tank to the 5th Respondent as illegal, arbitrary and unconstitutional and consequently direct the 5th Respondent to limit its washing activity to the 2 Tanks already allotted to it for the said purpose in Bheemolu Village and pass Counsel for the Petitioner:MR.B.ADINARAYANA RAO Counsel for the Respondent No.: GP FOR IRRIGATION & COMM AREA DEV. The Court made the following : THE HONOURABLE SRI JUSTICE L. NARASIMHA REDDY W.P.No. 16091 of 2002 ORDER: The petitioner is a water users association of Bheemolu village of Gopalapuram Mandal, West Godavari District. There is a tank by name Peddacheruvu, apart from seven other tanks in the village. The tank had an Ayacut of about Ac.800-00. The Mandal Revenue Officer, Gopalapuram is said to have accorded permission for the Rajaka Sangam of village-fifth respondent to carve out an extent of Ac.3-00 within the tank bed for exclusive use of washermen. The petitioner feels aggrieved by the proposal for division of the tank and allotment of part thereof to the fifth respondent. The petitioner contends that if the fifth respondent wants any exclusive facility for its members, there are other tanks in the village. It is complained that the division of tank is totally unheard of. Though more than six years have elapsed, the respondents have not chosen to file any counter affidavit. Heard the learned counsel for the petitioner and the learned Government Pleader for Irrigation. Instances exist, where certain minor irrigation sources are allocated for use of washermen. Even such allotment is without prejudice to the rights of the Ayacutdars. Division of an irrigation tank with vast Ayacut into parts and allocation part thereof to washermen is totally impermissible in law. Further, the fourth respondent does not have jurisdiction in this regard. The tanks of that size are under the control of the Irrigation Department. Viewed from any angle the action of the fourth respondent cannot be sustained in law. Therefore, the writ petition is allowed as prayed for. There shall be no order as to costs. ____________________ L.NARASIMHA REDDY,J 22.12.2008 Stp ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{KRD}