Ganga Srinivasarao v. The State Of Andhra Pradesh

THE HON'BLE SRI JUSTICE T. AMARNATH GOUD WRIT PETITION No.38027 of 2018 ORDER :

This writ petition is filed declaring the action of respondent Nos.1 to 6 in not taking any action on the representation made by the petitioners, dated 08.10.2018, as illegal, arbitrary, unconstitutional and in violation of Articles 21 and 300-A of the Constitution of India. 2.

The case of the petitioners is that they are farmers having different extents of land nearly about 700 acres situated at Ganapavaram and Nadendla Revenue Villages of Nadendla Mandal of Guntur District and beneficiaries under Ganapavaram Lift Irrigation Scheme II and II. They formed a Society i.e., Sri Vara Siddi Vinayaka Ettipothala Ayakattudarula Samkshema Sangam, Ganapavaram, seventh respondent, for running of the Scheme in a smooth manner and the said Sangam registered vide Registration No.183/2007, dated 05.06.2007. They raised crops under Scheme II and III, but due to non supply of water the crops were destroyed. In those circumstances, they submitted a representation, dated 08.10.2018, to the respondent authorities, but, the respondents did not take any steps thereof.

3.

Heard learned counsel for the petitioners and learned Assistant Government Pleader for Irrigation and Revenue for respondent Nos.1 and 6 respectively.

4.

Sri K.Ananda Rao, learned counsel for respondent Nos.7 and 8, vehemently opposed and prayed to dismiss the writ petition. 5.

The grievance of the petitioners is that the official respondents herein are not providing water to their agricultural lands, despite repeated requests and representation dated 08.10.2018. 6.

It is an undisputed fact that the petitioners are farmers and presently their agricultural lands are at stake for non-supply of water. If the water supply is not provided to the lands of the petitioners, they would be put to undue hardship.

7.

In the facts and circumstances of the case, without going into the merits of the case, the writ petition is disposed of directing the sixth respondent-District Collector, Guntur District, to take steps by coordinating with the concerned respondents, as per the procedure, for providing water supply to the lands of the petitioners, subject to availability of water and collection of charges, if any, on par with all members of the 7th respondent-Sangam, within a period of 48 hours from the date of receipt of copy of this order. Miscellaneous petitions pending, if any, shall stand closed. No order as to costs.

_______________________ T. AMARNATH GOUD, J 19th October 2018.

Note:

Issue C.C. today.

(b/o) mar