SHANTHAVEERAPPA Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioner who belongs to Malagondanakoppa of Shikaripuf Taluk, Shimoga District, has approached this Court for a direction to the respondents to conduet an enquiry and to take appropriate action In order to protect the interest Of the petitioner and other authorised achucutdars Of Pranamanakere of Talugunda bearing No. 263 and also to restrain unauthorised draw or flow of water cohtrary to the provisions of the Karnataka Irrigation Act, 1965 (hereinafter referred to as 'the Act') in the interest of the petitioner and other authorised achucutdars. The petitioner has also sought for a mandamus to the respondents to take suitable action Under Sections 27, 29, 31, 51 and 61 of the Act.

(2.) Briefly stated the case of the petitioner is that by placing a concrete pipe on the western bund of Pranamanakere and constructing a field channel to convey water from the sluice to Sy. No. 24 and to Dammallikere, Hirekere and Buralakatte tanks is without the authority of law and is in contrvention of the provisions of the Act. According to the petitioner, the respondents have not taken proper action under the Act to prevent unauthorised use and flow of water and further they have erred in diverting kodi water of Hirekere of Talagunda bearing No. 336 to Pranamanakere and then diverting the same by a separate channel to the aforementioned three tanks in Shivapura even though they have sufficient supply of water from other sources. It is stated that the petitioner and other achucutdars were not heard before such a diversion was made and that instead of taking action to stop improper and unauthorised use of water, the respondents are making preparations to construct a R. 55 pucca sluice on the western bund of Pranamanakere.

(3.) The respondents have filed statementof objections sufficiently comprehensive in an effort to meet the averments made in the writ petition.