ALLA SATYANARAYANA Vs. GOVT OF A P

JUDGEMENT

(1.) ORDER: In this writ petition the directions are sought by the petitioners to the Respondents not to interfere with the existing irrigation channel running through R.S.No.247 and 219 of Sreeramavaram village, Denduluru Mandalam, West Godavari District.

(2.) The petitioners are the owners of various extents of agricultural lands situated in S.No.245 etc. in Sreeramavaram village, Denduluru Mandalam, West Godavari district. There is an irrigational channel connecting Yerra cheruvu through the lands of the petitioners. The irrigation channels provided water to the fields of the petitioners. The petitioner submits that the total ayacut area irrigated under the said tank is about 350 acres. The length of the channel is one mile as per the averments in the writ petition. It is the grievance of the petitioners that the irrigation channel is being closed and the road is being laid over the channel. If that course is allowed to be completed the petitioners and other ryots who are drawing water from the said channel will be deprived of the facility of cultivating their land and thereby their livelihood would be at stake. He also submits that it is a minor irrigation source, and under the Board Standing Orders 87, the channel is required to be maintained by the P. W.D. authorities. In the counter filed on behalf of the Respondents it is stated that in order to link the two villages and in the interest of the society, the road is being laid and forthatthe petitioners also can make use of the said road for the purpose of communication and transport system. With regard to the closing of the channel and to lay the road on the close channel, in the counter, it is specifically stated that the road is being laid without detriment to the existing field channel to draw the water from the tank. The relevant para is reproduced below:

(3.) In view of the categorical statement in the counter on behalf of the Respondents, the grievance of the petitioner no more survives.