SONNAPANENI SUBBA RAMAIAH Vs. STATE OF A P

JUDGEMENT

(1.) Initially, this writ petition was filed by 8 petitioners. Subsequently, petitioners 9 to 272 were added, through an order of this Court in WPMP No.31603 of 2005.

(2.) A large size irrigation resource, by name Kaluvoyu Tank (for short "the tank"), was in existence for the past several centuries, in the present Kalavoyu Mandal of Nellore District, running into several square miles, spread over 2 to 3 villages, in the locality, at the Full Tank Level (FTL), and it has an ayacut of Acs. 1778.00. The surplus wear of the tank is at a height of 79.15 metres from the lowest point. The tank was mainly rain fed. Naturally, the tank was not always at its FTL, and the substantial part of the foreshore area had to surface, for substantial part of the year, either on account of the tank not being full, or due to the use of the water for irrigation.

(3.) Petitioners and their forefathers were granted settlement pattas, over an extent of Acs.520.00, in the foreshore area. The pattas are said to have been granted, between the years 1908 and 1925. It is stated that between the years 1978 and 1982, about Acs.20.00 of such land was assigned. It is the case of the petitioners that depending on the extent of rainfall of the concerned year, one or two crops are being raised by them, by drawing water from bore wells, and that they are eking their livelihood from it.