K. N. VASANTHA KUMAR Vs. STATE OF KARNATAKA

JUDGEMENT

(1.) The petitioners, who are agriculturists by profession are before this Court for a writ of mandamus directing the respondents to take appropriate action and thereby restore free natural flow of Gangammanahalla rain water channel to its original state by removing newly laid down RCC Hume pipes beneath State Highway No.131 near Kelaginakanive Village of Molakalmuru Taluk and thereby maintain natural flow of water without any disturbance as earlier.

(2.) It is the case of the petitioners that they are mainly depending on agriculture for their bread and butter and carrying on agricultural activities in their respective lands situated at various villages of Molakalmuru Taluk besides Gangammanahalla rain water stream. The said Gangammanahalla rain water stream flows towards south-west from its catchment area near Kelaginakanive Village of Molakalmuru Taluk and yields the water requirement of more than ten villages on the lower side. There is no other water source except Gangammanahalla to more than ten villages which finally merges with Vedavathi river. The said Gangammanahalla rain water channel naturally flows from North to South-West for the last many years without any disturbance. It is the further case of the petitioners that all of a sudden the neighbouring villagers of Konapura dug the State Highway No.131 and laid RCC Hume pipes beneath the road and thereby diverting the Gangammanahalla rain water channel to their village tank and thereby disturbing free flow of Gangammanahalla adversely affecting the petitioners and other villagers. The Tahsildar, Molakalmuru Taluk and concerned police are not taking any action to restore the free natural flow of Gangammanahalla rain water channel inspite of repeated representations made by the petitioners and other villagers.

(3.) It is further contended that though the Deputy Commissioner, Chitradurga, is empowered under Section 67 of the Karnataka Land Revenue Act, 1964 ('the Act' for short) to protect the streams, channels, rivers, tanks, lakes, etc., has failed to implement the same. The Police Department has not given protection to the PWD and Revenue authorities to implement the directions of the Deputy Commissioner. There is some unknown force working behind the screen and not allowing to restore free flow of Gangammanahalla water channel to its original status. Though the State Highway is dug and RCC Hume pipes were laid illegally and without any authority, the same is not stopped or objected by the PWD and Revenue Department. No effective steps have been taken by the PWD and Revenue Department to restore free flow of Gangammanahalla rain water channel to its original status. Therefore the petitioners are before this Court for the relief sought for.