K NARASIMHULU Vs. DISTRICT COLLECTOR CUDDAPAH

JUDGEMENT

(1.) The eight petitioners are the residents of a village in Cuddapah district and claim to be ayacutdars under Porumamilla tank and Chintalapalli tank. It is stated that the area of cultivation under these two tanks is 3600 acres and 450 acres respectively. The porumamilla tank gets water from Sagileru river in Badvel taluk. An anicut was constructwd and a channel was excavated in the year 1896 and it is functioning as Flood channel feeding nine tanks including the Porumamilia and Chintalapalli tanks under which the petitioners herein claim to be ayacutdars. It is stated that this system is called Upper Sagileru project system. The petitioners lands are said to be at the tail-end of the channel emanating from Porumamilla and Chinthalapalli tanks. The sluice which supplies water from P.T.S. channel is at 6/1 M point. There is another tank called Akkisiddupalli tank which is having ayacut of 161 acres and the said tank is being fed by P.T.S. channel coming from the left flank of Upper Sagileru project near Thamballapalli village. Its present off-take point is at M6/1 +0 of P.T.S. channel on the right side. While so, it appears thai the ayacutdars of Akkisiddupalle tank have been finding it difficult to get water at least for one crop as the existing supply channel of this tank has been badly eroded and damaged at several places and has not been functioning freely. Further owing to the length of the channel, several ryots have been tapping water to irrigate non-ayacut lands before the water can enter Akkisiddupalli tank. In order to solve the above problems, the Executive Engineer (I.D.) Cuddapah ha's proposed that Akkisiddupalle tank can be fed directly by means of a new sluice to be opened at M. 7/5 of P.T.S. channel from where the water can be supplied into the Akkisiddupalli without any wastage or obstruction and without there being any possibility of use of the water for non-ayacut lands. Further, he suggessted that after opening the new sluice, the old sluice at M. 6/1 would be permanently closed. Proposals of the Irrigation Department have been accepted by the District Collector in his proceedings which gives the details of the need to close the sluice at M 6/1 and to open a sluice at M. 7/5.

(2.) As things stood thus, the villagers of Akkisiddupalle who were ayacutdars under the said tank filed W.P.No.15560/86 for the issue of a direction declaring that the construction of a head sluice at M. 7/5 of P.T.S. channel and the decision to close the old sluice at M. 6/1 of P.T.S. channel as illegal, unauthorised and without jurisdiction and to direct the respondents to forbear from taking any steps to close the old sluice at M. 6/1 of P.T.S. channel. It was disposed of by a learned single Judge and a short order was passed. The order reads as follows: "There will be a direction to the respondents not to close the existing sluice without giving the petitioners notice and hearing. The writ petition is allowed to that extent..."

(3.) After the disposal of the said writ petition, the respondents have taken action as is evident from the counter filed before me, for issuing notices to the petitioners in that case with regard to the closing of old sluice at M. 6/1. Inasmuch as the orders of the High Court did not include the operation or closure of the new sluice at M7/5, it was found inevitable to operate both the sluices to save the ayacut under both the sluices and to save the ayacutdars from the hardship of cultivating their lands. As per the instructions of the District Collector, Cuddapah in Ref. No. A4/9256/87 Dt. 19-10-1988 the new sluice at M. 7/5 has also been temporarily closed by placing sand bags and the old sluice allowed to function. It is also pointed out in the counter that the contention of the petitioners that the Departmental Officers had not taken any action is not correct. In fact, the old sluice has been kept open as per the directions of the High Court pending further action with regard to the unauthorised ayacutdars. It is further stated that appropriate orders may be passed in this regard after giving notice to the petitioners in the earlier case, that th'e request of the ayacutdars under Akkisiddupalli tank for supply of water through the new sluice at M. 7/5 is also genuine and that as soon as the tank is filled up, regulation is done by the Department It is further stated that there is no need to close down the new sluice at M. 7/5 permanently and that the size of sluice vents both of M. 6/1 and M. 7/5 can be suitably reduced to the actual needs of the ayacutdars under each tank. It is also stated that the closure of sluice at M. 6/1 is under consideration. It is, therefore, contended that the request of the petitioners herein to close-down the sluice at M. 7/5 cannot be accepted.