V PYDI SHETTI Vs. DISTRICT COLLECTOR VIZIANAGARAM

JUDGEMENT

(1.) This writ petition is filed by Sri Pydi Shetti, Ex-Sarpanch of the Bangaru Raju Peta Village claiming to be a pro bono public character and as a public interest litigation to espouse the cause of agriculturists of Bangaru Raju Peta Village. The prayer in the writ petition reads:

(2.) The only contention urged by the learned Counsel for the petitioner at the time of final hearing is that as the Seri tank receives only rain water and there is no flow of water from any channel or reservoir or from any other source, the said tank cannot be teated to be an irrigation source to attract the provisions of Andhra Pradesh Water Tax Act, 1988 (for short 'the Act'). That is the only ground taken in the writ petition and urged before us at the time of hearing. The petitioner himself has enclosed a copy of the notification issued by the District Collector, Vizianagaram in Form No. 1 under Section 4 of the Act read with Rule 3(1).

(3.) Section 3 of the Act provides that with effect on and from the date of commencement of the Act, the Government shall be entitled to levy and collect water tax in respect of every land receiving water for irrigation purposes from any Government source of irrigation notified under Section 4, for each Fasli year at the rates specified in the schedule.