PITCHI REDDYS Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) To this Writ Petition, the petitioners seek the issue of a writ of mandamus declaring that Annameedu Tank in Sullurpet Taluk, Nel- lore District is not a Government source of irrigation under the Andhra Pradesh Land Revenue (Additional Wet Assessment) Act, 1975 (hereinafter called the Act) and that the Notification made in the Andhra Pradesh Gazette dated 19-8-1976 by the Board of Revenue notifying the Annameedu Tank as a Government source of irrigation and the order of the Government of Andhra Pradesh in G. O. Ms No. 1196 Revenue (N) Department dated 23-9-1977 confirming the order of the Board of Revenue, as illegal.

(2.) The petitioners 169 in number, are all owning lands which are under the ayacut of Annameedu Tank situated in the village of Annameedu, Sullurpet taluk, Nellore District. The total ayacut of the wet lands under the Tank is stated to be Ac. 1070-76. After coming into force of the Act, for the purpose of levying additional land revenue assessment on wet lands under Sec. 3 of the Act, the Board of Revenue made a Notification in the Andhra Pradesh Gazette dated 19-8-1976 and in the District Gazette dated 8-12-1976 that Annameedu Tank is a Government source of irrigation. The petitioners preferred an appeal under Sec. 9 (2) of the Act on 4-4-1977 to the Government against the said Notification. Though the appeal preferred by the petitioners before the Government was time-barred, not having been filed within 30 days as required by Sec. 9, the Government condoned the delay and entertained the appeal and thereafter passed the impugned order in G. O. Ms. No, 1196 Revenue (N) Department dated 23-9-1977 holding that Annameedu Tank is classified as a second class source of irrigation in the Settlement records and is not a rainfed tank, but is fed by the water of Swarnamukhi river and is therefore a riverfed tank and it falls under the definition of Government source of irrigation in Sec. 2 (c) of the Act. Accordingly the Government rejected the appeal.

(3.) Sri K. Nagaraja Rao, learned counsel for the petitioners submitted that the orders of the Board of Revenue and the Government are vitiated by violation of the principles of natural justice inasmuch as no notice was given to the petitioners or the ryots of the village before notifying the Annameedu tank as a Government source of irrigation under Sec. 9 (1) of the Act and no opportunity was afforded to them to make their representations and therefore both the orders of the Board of Revenue and the Government are liable to be quashed.