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2021 Supreme(AP) 457
ANDHRA PRADESH HIGH COURT AT AMARAVATHI
M. Venkata Ramana, J.
Sanjireddy Sanji Reddy - Appellant
Versus
State of Andhra Pradesh - Respondent
Writ Petition No. 8807 of 2021
Decided On : 08-07-2021
V.R. Reddy Kovvuri, Advocate
Unauthorized irrigation structures and sluices cannot be reopened or modified to the detriment of authorized ayacutdars and settled cultivation areas.
Headnote:
WATER RIGHTS - IRRIGATION - KANAL NAGAMMA TANK - UNAUTHORIZED SLUICE - CLOSURE - INCREASE IN SIZE OF VENT - LEGALITY - WRIT PETITION - DISMISSAL:
Fact of the Case:
Petitioners, residents of villages near Kanala Nagamma Tank, sought a writ to declare the inaction of respondents in considering their request to increase the size of a vent and reopen a sluice for irrigation purposes as arbitrary and illegal. The tank had three authorized sluices for irrigation, and a fourth sluice was unauthorized and closed following a civil suit. Petitioners claimed they were suffering hardship due to the closure of the fourth sluice and sought increased water supply from the tank.
Finding of the Court:
The court found that the fourth sluice was unauthorized and its closure was upheld by a civil court. The petitioners' lands were irrigated by a separate channel from the K.C.Canal, and increasing the size of the vent or reopening the fourth sluice would affect the authorized ayacutdars under Kanala Nagamma Tank. The court also noted that the petitioners' request to reopen the unauthorized sluice was improper and an attempt to circumvent the civil court's decision.
Issues: 1. Whether the petitioners' request to increase the size of the vent and reopen the fourth sluice was justified. 2. Whether the closure of the unauthorized fourth sluice was legal and proper.
Ratio Decidendi: 1. The court held that the petitioners' request was not justified as it would affect the authorized ayacutdars under Kanala Nagamma Tank and disrupt the settled and stabilized area under cultivation. 2. The court upheld the closure of the unauthorized fourth sluice, relying on the civil court's judgment which declared it illegal and unauthorized.
Final Decision: The writ petition was dismissed, and the interim orders were vacated.
JUDGMENT
M Venkata Ramana, J. - The petitioners 1 to 5, 7, 8, 10 to 15 being residents of M Chintakunta Village, Gospadu Revenue Mandal, and the petitioners Nos.6 and 9 being residents of H S Kottala, Nandyala Revenue Mandal, sought an appropriate Writ, Order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction on the part of the respondents Nos.3 to 5 in considering the request made by the petitioners for opening of Sluice towards south of the Kanala Nagamma Tank, Kanala village, Nandyala Mandal, Kurnool District by increasing the size of the Vent at Point 146/R of K.C.Canal enabling the petitioners to irrigate their agricultural lands as arbitrary, illegal and abdication of statutory duty cast on them and violative of the fundamental rights guaranteed to the petitioners under Articles 14, 19 and 21 of the Constitution of India and consequently direct the respondents Nos.2 to 5 to increase the size of the Vent at Point 146/R of the Sluice increasing water supply to Kanala Nagamma Tank, Kanala village, Nandyala Mandal, Kurnool District in proportion to consumption of water by Julepalli and Chintakunta farmers and also to reopen the fourth Sluice towards the Southern side of the Tank, in this writ petition.
2. The respondents 3 to 5 are in the hierarchy of Irrigation Department, Government of Andhra Pradesh in Kurnool District. They are mainly concerned to this matter.
3. Kanala Nagamma Tank is a source of irrigation for about 1391.67 acres. It comprised of Ac.823.00 cents, where sugarcane is grown and Ac.563.67 cents is used for raising paddy. This tank is fed by a local stream as a natural source. Regenerated water from 13th block of Telugu Ganga Project(TGP Project) Canal also flows as another natural source into this tank.
4. This tank has three sluices for letting out water for irrigation purpose to the west. K.C.Canal is flowing to the east of this tank, which is one of the main sources of irrigation covering Kurnool and Kadapa Districts. There is a sluice at KM 179.30 of K.C.Canal, through which water is being let into the Kanala Nagamma Tank only as a supplementation and it is not, a regular supply source. As and when required and depending on the availability of water in K.C.Canal, water will be let through this sluice into this tank. The present size of this sluice is 0.6m (Dia) with a discharge capacity of 35 c/s (Cubics per second).
5. A suit was filed in the Court of learned Principal Junior Civil Judge, Nandyal, in O.S.No.424 of 2003 (which was later transferred to the Court of learned Additional Senior Civil Judge(FTC), Nandyal) in representative capacity under Order I Rule 8 CPC by some of the Ayacutdars (agriculturists) under Kanala Nagamma Tank questioning the proposal to increase the size of the Vent at point 146/R1 to this tank feeder Channel as illegal and being detrimental to their interest. The subject matter of the suit also included closure of another sluice to this tank, which was stated to be unauthorised and illegal, through which water was being let out from this tank to Julepalli and Chintakunta villages. Further relief sought in the suit was for grant of permanent injunction restraining the defendants No.1 to 3 therein, who are the respondents 2 to 4 in this writ petition, from increasing the size of the vent at point 146/R, among other reliefs. On contest, the said suit was decreed by the judgment dated 11.02.2008. This decree and judgment have become final since no appeal was preferred there against.
6. The decree drawn therein contains the following clauses:
"1. That the suit be and the same is hereby decreed with costs declaring that the proposal of the present design to have the size of the vent at the point 146/R to the Kanala Nagamma Tank feeder channel sluice shown as CCC in the plaint plan sluice at 0.70 diameters with RCC pipe is illegal and insufficient and detrimental to the increase of ayacutdars of Kanala Nagamma Tank without closing the fourth unauth
