THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.20290 of 2009 Dated 29th September, 2011 Between: Puduru Big Tank Water Users’ Association …Petitioner And The District Collector, Nellore and others …Respondents Counsel for the petitioner: Sri V.Sudhakar Reddy Counsel for respondents: AGP for Irrigation & CAD The Court made the following: ORDER: The petitioner, a Water Users’ Association, feels aggrieved by the inaction of the respondents in addressing long pending grievance regarding up keeping and proper maintenance of “Puduru Supply Channel” between Swarnamukhi river to Puduru Big Tank, Puduru Village, Naidupet Mandal, SPSR Nellore District. Some of the villagers earlier filed W.P.No.28195 of 2005 for a mandamus to declare the inaction of the respondents in considering their representation, dated 13.05.2005, for taking action for removal of the encroachments made over canal poramboke as illegal and arbitrary. This Court while finding that there was encroachment to the extent of Acs.2.72 ankanams in Survey No.42-1, which is a canal poramboke, directed respondent No.5 therein i.e., the Mandal Revenue Officer, Naidupet, Nellore District to conduct survey of the entire land in the presence of the petitioners and the private respondents i.e., respondent Nos.6 and 7 therein, and determine the extent of encroachment of the canal poramboke land and whether the same obstructs free flow of water from Swarnamukhi river to Puduru Big Tank. He was directed to pass an appropriate order in that regard within a period of three months. The President of the petitioner has made a representation on 07.07.2009 to respondent No.1, wherein it was stated that despite the order passed by this Court, the Mandal Revenue Officer has not conducted survey and determined the extent of encroachment and that the encroachment is still being continued obstructing free flow of water. On the ground that no action on the said representation is taken, the petitioner filed the present writ petition. No counter affidavit is filed even though the case is pending for more than two years. From the order passed by this Court in W.P.No.28195 of 2005, referred to above, it is evident that the canal land was encroached and peremptory directions were issued for conducting survey and determining the extent of encroachment. Unfortunately, neither the said order seems to have been implemented nor respondent No.1 has taken any steps in this regard even after the petitioner submitted its representation on 07.07.2009. In the light of the above facts, respondent No.1 is directed to take appropriate steps to get the channel inspected and surveyed. If it is found during the survey that any part of the channel is encroached, necessary steps shall be taken to ensure that those encroachments are removed. Respondent No.1 shall also take appropriate steps for proper maintenance of the channel by making necessary repairs for free flow of water. He shall complete this exercise within a period of three months from the date of receipt of a copy of this order. Subject to the above directions, the writ petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.26471 of 2009 is disposed of as infructuous. C.V.NAGARJUNA REDDY, J 29th September, 2011 VGB