THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.420 OF 2010 ORDER:- This writ petition is filed seeking to issue a writ of mandamus declaring the action of the respondents in not considering the petitioners’ representation, dated 05.12.2009, and consequently, respondent Nos.3 and 4 in not releasing the water even to a single acre, which is against the principles of natural justice, as illegal and arbitrary; and consequently direct the respondents to dispose of the petitioners’ representation and release sufficient water to a minimum of Ac.300.00cs of ayacut land under pipe No.20/6 in Pedda Bhramadevam village for the second crop. 2. It is stated in the affidavit filed in support of the writ petition that the petitioners are the farmers of Pedda Bhramadevam Village, Samarlakota Mandal, East Godavari District. The village has around Ac.1200.00cs of land under Kakinada Canal and the said land is under the Ayacut under Pipe No.20/6. During the Rabi season, only Ac.71.00cs of land was permitted to be irrigated. The remaining land could not be cultivated inasmuch as respondent Nos.3 and 4 have not released the water. The petitioners are small farmers belonging to Scheduled Caste and Backward Class community and they have already suffered huge loss in Kharif 2009 season on account of heavy rains. If water is not released for the Rabi season as well, they would be put to severe hardship. They were not permitted to cultivate under the Rabi even under lift irrigation scheme. In those circumstances, they gave a representation on 05.12.2009 to Sri M.M.Pallam Raju, M.P. by marking copies to respondent Nos.1 and 2. Pursuant to their representation, respondent No.2 addressed a letter to respondent No.3 directing him to examine and take necessary action in the matter as per rules and called for the report, but no action has been initiated. Hence, the present writ petition. 3. Respondent No.4 filed a detailed counter affidavit stating that Pedda Brahmadevam Village is not covered under Kakinada Canal and hence, the statement mentioned by the petitioners is not correct. During Rabi season 2009-2010, an ayacut of Ac.226.00cs was permitted for cultivation under Pipe No.20/6 as per Localized Gazette Order, 1962 and this Ac.226.00cs of ayacut belongs to Biccavolu Village of Biccavolu Mandal only. As per L.G.O., the ayacut of Pedda Brahmadevam Village is closed for Rabi 2009-2010 and hence, the Irrigation Department has not released water to ayacut lands of Pedda Brahmadevam Village. The ayacut of Pedda Brahmadevam Village under Pipe No.20/6 is not covered in the L.G.O. ayacut for Rabi 2009- 2010 fasli 1419. There are no heavy rains during Khariff 2009 season. The representation, dated 05.12.2009, of the petitioners for supply of water to Ac.300.00cs of Pedda Brahmadevam ayacut though Pipe No.20/6 was received through respondent No.2. Accordingly, the ayacut noted in the representation was verified and found that these lands are not covered as per the rotation system under L.G.O. and hence, it is not possible to supply water to their lands during Rabi crop period for the fasli 1419 corresponding year 2009-2010 and the same was informed to respondent No.2. No ayacut was permitted other than the localized ayacut as per L.G.O. for Rabi 2009-2010, as the water is not sufficient to supply the ayacut other than L.G.O. With regard to release of water and management, the department will take decision basing on the availability of water. 4. Learned counsel for the petitioners contended that though the lands of the petitioners come under the ayacut of the Kakinada Canal, water is not being released on the ground that those lands are not covered under the roster system. Hence, he prays to issue a direction to respondents to release the water. 5. Learned Assistant Government Pleader appearing for respondents contended that as the lands of the petitioners do not come within the purview of the roster system under Localized Gazette Order, it is not possible to supply the water to the lands of the petitioners. 6. The factual matrix is not in dispute. The village of the petitioners has Ac.1200.00cs under Kakinada canal, which is having ayacut under Pipe No.20/6. During Rabi season, only Ac.71.00cs of land was permitted to be irrigated with water by the officials of Irrigation Department. The petitioners were not permitted to cultivate the lands during Rabi as there is no water. In pursuance of the representation made by the petitioners, respondent No.4 verified and found that the lands of the petitioners were not covered as per the roster system under Localized Gazette Order and therefore, it is not possible to supply water to the lands during Rabi season 2009-2010 (for the fasli 1419). It is also stated that no ayacut was permitted other than the localized ayacut for rabi season 2009-2010, as the water is not sufficient other than the lands covered by Localized Gazette Order. But the petitioners filed the proceedings, dated 22.12.2009, of the District Collector, addressing a letter to the Superintending Engineer on the representation of the petitioners whereunder they are requested to accord permission to supply water to Ac.300.00cs of ayacut under Pipe No.20/6 in Pedda Brahmadevam Village for the second crop. Therefore, the District Collector requested the Superintending Engineer to examine the issue and take necessary action as per the rules and report compliance. It is not known whether the Superintending Engineer has taken any action in pursuance of the letter of the District Collector or not. Therefore, unless the lands of the petitioners comes under roster system under L.G.O., it may not be possible for supply of water to their lands during rabi crop. Therefore, the petitioners, if so advised, can file an application before the District Collector to include their lands under the roster system under L.G.O. and thereafter, the same has to be considered by the District Collector in accordance with law. 7. With the above observation, the Writ Petition is disposed of. There shall be no order as to costs. ​ _​_____________________ JUSTICE K.C.BHANU 04th November, 2011 AMD THE HON'BLE SRI JUSTICE K.C.BHANU WRIT PETITION NO.420 OF 2010 Date:04.11.2011 AMD