AITHA GOPALAKRISHNA Vs. DISTRICT COLLECTOR VISAKHAPATNAM

JUDGEMENT

(1.) The writ petition is filed for a writ or direction, more particularly one in the nature of Writ of Mandamus, declaring the action of the respondents in diverting the Vedulla Vagu Water Stream of Batajangalapalem, Sabbavaram Mandal, Visakhapatnam District, by constructing a check-dam without following the procedure under the A.P. irrigation (Construction and Maintenance of Water Courses) Act, 1965, as without jurisdiction, illegal and arbitrary and consequently, direct the respondents not to proceed with the construction of the same and pass other suitable orders.

(2.) The facts, in brief, are as follows: The Petitioner is an ayacutdar of Kamaraju Cheruvu situate at Betajangalapalem village, Sabbavaram Mandal, Visakhapatnam District, owning an extent of Acs. 5.00 in survey No. 189 in the said village. The Ayacut under Kamaraju Cheruvu is about Acs. 20.00 and the water to the said tank comes from Vedulla Vagu/ Dadda which is situate at a higher level and is the only source of water to the tank as well as to his land. It is further stated that there is a tank by name Kasidevudu Cheruvu in the neighbouring village, Batajangalapalem village, which has an ayacut of Acs. 10.00 and the said tank has no source of water and is being filled by rainwater only. It is further stated that ayacutdars of Kasidevudu Cheruvu seem to have approached respondent Nos. 1 and 2 authorities for diverting the water from Vedullavagu to this tank by constructing a check-dam and the authorities at the instigation of the ayacutdars and third respondent, who is a Civil Contractor, seemed to have prepared plans for the construction of Check-Dam as well as to divert the water to Kasidevudu Cheruvu. It is also stated that the writ petitioner came to know that Rs. 1,00,000/- also had been sanctioned for the said purpose. It is also stated that if the water from Vedullavagu, which is the only feeder to Kamaraju Cheruvu, is diverted by constructing a check-dam to Kasidevudu Cheruvu, their lands of about Acs. 20.00 will suffer from water and hence, the writ- petitioner issued telegram to the Mandal Development Officer, Sabbavaram, and Deputy Executive Engineer, Panchayat Raj, Sabbavaram, on 9-3-1996 to stop the sanction of check-dam in survey No. 191, Kasidevudu Cheruvu, Batajangalapalem village, Visakhapatnam District. But, inspite of the same, the respondents are proceeding with sanctioning of the said check-dam. It is further stated that before the construction of water course, the irrigation Officer shall publish a notification in a prescribed manner in every village through which the water course is proposed to be taken specifying the extent of land which lies in such village and which has been marked as prescribed in Section 4(2) of the A.P. Irrigation (Construction & Maintenance of Water Courses) Act, 1965, hereinafter referred to as 'Act' in short for the purpose of convenience, as per clause(b) of Section 4, every person likely to be affected by the construction of Water Course or interested in the land on which it is proposed to construct the Water Course has to submit his petition to the Irrigation Officer stating his objections to the proposed construction within sixty days of publication of notice and on receipt of such objections, the Revenue Divisional Officer has to pass orders after hearing the affected parties. It is also further stated that this procedure was not followed at all and the writ petitioner was denied of any opportunity before the sanction of the work- It is also stated that no notice was published nor informed to the Villagers/Ayacutdars in any manner and hence, the said action is wholly illegal and arbitrary and contrary to the provisions of the Act.

(3.) After issuing rule nisi, this Court had granted interim order on 28-6-1996 and the said interim order is in force.