- (1.)The petitioners invoked the extraordinary jurisdiction of this Court praying for a writ of mandamus declaring the action of the respondents in taking away the Handle and Oil Supply Pipe of the Oil Engine used by the petitioners for drawing water from Sluice No.11 of Kazuluru No.2 Channel for irrigating their lands in an extent of Ac.12-04 cents, situated in Sy. Nos.562/1 & 2,563/3 & 4 and 564/1 & 3 of Kazuluru Village and Mandal, East Godavari District, as illegal and arbitrary.
(2.)The petitioners claim that their landsare located on an upper level, and that they are irrigating them by drawing water from Kazuluru No.2 Channel, which flows from Vella North, by the use of Oil Engines. About Ac.80-00 of land belonging to different ryots is being irrigated through the water drawn from Sluice No.11. According to the petitioners, about 30 years back, they got dug a small tank in Sy. No.564/3 in an extent of Ac.0-50 cents and drawing water into it through a bodi from Sluice No.11 by the use of Oil Engine. There are about 40 sluices connected to Kazuluru Channel Nos.1 and 2 and all the ryots whose lands are located on a higher level are drawing water with the help of Oil Engines. The release of water into the channels, according to the petitioners, takes place under the supervision of the respective Mandal Revenue Officers and near about Ac.386-00 cents of land is irrigated through the sluices attached to Kazuluru Channels. While so, it is the case of the petitioners that on 22-12-2002, the 6th respondent-Mandal Revenue Officer objected to the use of Oil Engine for drawing water from the sluice. Though the father of the petitioners submitted a representation to the 4th respondent-District Collector requesting him to direct the respondent-authorities not to interfere with their right of drawing water, the same was forwarded to the 5th respondent-Revenue Divisional Officer. While the matter is pending before the 5th respondent, the 6th respondent visited the lands of the petitioner on 22-3-2002 and forcibly took away the Handle and Oil Supply Pipe of the Oil Engine. Assailing this action of the 6th respondent, the petitioners have filed this writ petition.
(3.)On behalf of the respondents, the 3rdrespondent-Assistant Engineer, Irrigation Department, filed counter-affidavit stating that the lands of the petitioners fall within the ayacut of Sluice No.ll Kazuluru No.2 Channel. The petitioners are drawing water from the said sluice for raising the second crop. As there is severe scarcity of water, the respondents have taken action to regularize supply of water for the second crop and notified the extent of ayacut that would be supplied water. The respondents have no objection to the petitioners drawing water for the second crop, but they cannot be permitted to use Oil Engines to draw water for by use of such Oil Engines, the petitioners are drawing more water than they are entitled to, depriving water to those whose lands are located on the lower level. Though the petitioners claim that they are drawing water from the tank dug by them, they in fact, are feeding the said tank from out of the water sluices. The act of the petitioners drawing water by the use of Oil Engines without the permission violates the provisions of Section 20 of the A.P. Irrigation Utilization and Command Area Development Act, 1984, and is therefore, illegal. The other ryots residing in the village made a representation on 20-12-2002 complaining about the illegal drawing of water by the petitioners. Acting on the said representation, the 5th respondent directed the 6th respondent to take necessary action against the petitioners. As the oral instructions to the petitioners not to use Oil Engine to draw water, evoked no results, the 6th respondent removed the Handle and Oil Supply Pipe of the Oil Engine to arrest the illegal drawing of water. Therefore, the action of the respondents, cannot be said to be illegal or arbitrary.