( 1 ) THIS writ petition under Article 226 of the Constitution seeks a declaration that the action of the respondents in taking steps to acquire the lands of the petitioners to construct a Water Course without following the procedure contemplated under Andhra pradesh Irrigation (Construction and maintenance of Water Courses)Act (hereinafter called the Act ) and rules made thereunder is illegal and for appropriate direction for stopping the action of the respondents in that regard.

( 2 ) THE plea of the petitioners is that the 2nd respondent has taken steps for acquiring the lands for constructing certain irrigation works in contravention of the provisions of the said Act. Counters have been filed on behalf of respondents 1 and 2. It is specifically stated in the counters and it has been assured by the learned government Pleader concerned that the lands sought to be acquired are for the purpose of construction of minor irrigation tanks and not for construction of irrigation channels. A perusal of the affidavit of the petitioners also discloses that nowhere it has been alleged that the petitioners lands were being acquired for constructing any irrigation channel. In this context, Section 4 of the Act is relevant, which is extracted below:"4. Power of Irrigation Officer to construct water-course suo motu on application: (1) Whenever an Irrigation Officer considers suo motu or on the application of an ayacutdar that the construction of a water-course, is expedient or necessary, he shall ascertain the most suitable alignment for the said water-course and cause the land which in his opinion is necessary for the construction thereof to be marked out on the ground. (2) He shall thereupon publish a notice in the prescribed manner in every village through which the watercourse is proposed to be taken specifying the extent of land which lies in such village and which has been marked out under sub-section (1) and requiring: (a) Every owner who wishes to receive supply of water to his land through the water-course or to make use of the water-course for drainage purposes to make an application in that behalf to the Irrigation Officer within thirty days of publication of notice. (b) Every person likely to be affected by the construction of the watercourse or interested in the land on which it is proposed to construct the water-course to submit his petition to the Irrigation Officer stating his objections to the proposed construction within sixty days of publication of the notice. (3) The Irrigation Officer shall also send copies of the notice to every person known or believed to be the owner of the land through which the water-course is proposed to be taken and to the District Collector for publication in the Andhra Pradesh gazette. (4) The Irrigation Officer where he is not the Revenue Divisional Officer shall, as soon as may be after the expiry of the period specified in the notice, mark a report to the Revenue divisional Officer regarding the proposed water-course together with a plan showing the alignment thereof and objections, if any, received by him. "

( 3 ) A reading of these provisions makes it abundantly clear that the procedure contemplated thereunder would be applicable in respect of construction of a water-course and not a tank or any other source of irrigation. Water-course has been defined in Section 2 (j), which reads as follows: "water course" means a field channel which receives supply of water from the outlet of an irrigation work and conveys water to lands included within the ayacut of that work and which is not maintained at the cost of the Government and includes all subsidiary works connected with any such channel except the sluice or outlet through which water supplied from irrigation work to such channel. "

( 4 ) THIS definition makes it clear that water course means a field channel used for conveying water from the source of irrigation works like a tank etc. , to lands included within the ayacut of the