MALAHARRAO Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) the petitioner feels aggrieved by the communication addressed to the engineer in-charge of bonala tank near peta ammapura village, surapura taluk, gulbarga district, by the chief engineer, minor irrigation, Bangalore. That communication is no more than a copy of the letter dated 30-6-1989 issued by the secretary, public works department, Bangalore, to the chief engineer. By the said letter, the chief engineer is required to take steps to to lower the height of the waste weir of the tank in question by 0.93 metre so that an extent of 315 acres of patta land which has been submerged would be released for cultivation and the owners of those lands will be able to raise rabbi crops.

(2.) now an assertion is made bythe petitioner that the land owners of the command area of the tank will not be able to get the same quantity of water for the purpose of growing iriigated crops as a result of the lowering the waste weir as the storage capacity of the tank gets reduced. Therefore, he seeks a writ of certiorari to quash the communication at Annexure-A in public interest.

(3.) today the matter comming upfor preliminary hearing, after certain directions were given on the last date of hearing, the learned counsel sub mits that the petitioner is not personally aggrieved by the communi cation, but in public interest he is prosecuting this petition.