GURAZALA SIVA PRASAD Vs. GOVT OF A P

JUDGEMENT

(1.) These two writ petitions are filed seeking a declaration that the action of the 1 st respondent in issuing G.O.Rt.No. 510, Irrigation & Command Area Development (General.IV) Department, dated 24-4-2005 thereby staying the elections to the two Water Users Associations namely Kommuru-2 Water Users Association and Kakumanu-186 Water Users Association along with six other associations purportedly in exercise of the powers conferred under Section 4 (5) of the A.P. Farmers Management of Irrigation Systems Act, 1997 (for short, 'the Act') and subsequently in issuing G.O.Rt.No.1039, Irrigation & Command Area Development (General.IV) Department, dated 8-7-2005 whereunder earlier order of stay was vacated and the District Collector was requested to conduct elections during the month of December, 2005 along with other Water Users Associations as arbitrary and illegal.

(2.) Since common questions of fact and law are involved, these two writ petitions are heard together and decided by this common order.

(3.) The facts, which are not in dispute, are as under: The Commissioner, GAD. and Principal Secretary, Irrigation, A.P., Hyderabad has issued the election schedule to the two Water Users Associations in question among other similarly situated Associations vide proceedings dated 16-03-2005. The said election schedule is as follows : <FRM>JUDGEMENT_384_ALT3_2006Html1.htm</FRM>