VAJRALA THIMMAYYA Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This is an application for the issue of a writ of mandamus directing the respondents not to enter upon land S.No. 141/1 in Panchalingala village of Kurnool taluk for the purpose of digging a channel except in accordance with the provisions of the Land Acquisition Act and to pass such other order as the Court may deem fit.

(2.) The relevant facts are that sub-distributory 22 of Distributory No. 30 of Rajolibanda Diversion Scheme serves the ayacut in Panchalingala and Pullur villages. There is an ayacut of 180 acres of wet in Panchalingala village and 787 acres wet in Pullur village under the said sub-distributory. At chainage 21-50 of sub-distributory No. 22 there is a control point bifurcating the water-supply to Panchalingala village and Pullur village. This control point is located within the limits of Panchalingala village. It is stated that Panchalingala village people were cross-bunding the outlet which allows water to Pullur village and were diverting almost all the supplies to their fields although their ayacut is only of the total ayacut of Pullur village. This caused a good deal of hardship to the people of Pullur village. There were frequent disputes between the ryots of the said two villages.

(3.) It was therefore thought advisable to excavate a separate sub distributory (22-A) from Distributory 30 to serve exclusively the lands of Panchalingala village thus putting an end to the quarrels between the two villages. The abovesaid proposal was approved by the Chief Engineer. Proposals for acquiring the land required for sub-distributory were sent to the Special Deputy Collector, Alampur, who forwarded them to the District Collector, Kurnool, for necessary action.