ORDER:

Heard the learned counsel for the petitioners and the learned Assistant Government Pleader for Revenue, Irrigation and CAD.

2. Challenging the proceedings of the 5^th respondent, dated

05.10.2024 directing the petitioners to remove the engines that have been installed at the irrigation channel for drawing water unauthorizedly for the agricultural operations, the petitioners filed the instant writ petition.

3. It is contended that the petitioners are the absolute owners of the land in an extent of Ac.36.57 cents in Sy.Nos.467, 477, 478, 479, 480, 481, 482 and Ac.29.22 cents in Sy.Nos.546-A, 546-C, 616-A, 612, 614, 615-2, 613-2, 609, 610, 474, 489-A, 537-B2, 537-B4 situated in Mungamuru Village, Bogulu Mandal, SPSR Nellore District. It is contended that the respondent Nos.4 & 5 have been illegally extracting from the Venkatapathi Irrigation Canal with the help of electrical motors, when the same was brought to their notice of the authorities, the impugned notice has been served upon the petitioners asking them not to draw water from Venkatapathi Canal, and remove the motors forthwith.

4. When the matter is taken up for hearing today, the learned Assistant Government Pleader has placed before the Court, a copy of instructions, dated 03.02.2025 received by him, stating that the unauthorized usage of water from Venkatapathi irrigation canal by the petitioners is illegal as the same disturbs the water flow to the tail-end Ayacutdar land. It is noted from the said instructions that the farmers of the said area have earlier filed W.P.No.41434 of 2017. It is stated that the said writ petition was disposed of directing the respondents therein not to allow any unauthorized drawing of water from the said Canal. Despite the same, it is stated the petitioners have blocked the passage of water from Venkatapathi Channel and diverted the same to the petitioners’ land which is an unauthorized Ayacut. The said diversion causes hardship to the tail-

end Ayacutdars. A representation was made by the said Ayacutdars to the District Collector. Therefore, a Grama Sabha was conducted by the irrigation Department to bring out consensus among the farmers in the Village. However, no consensus could be arrived at.

5. It is further noted from the said instructions that on a joint inspection conducted by the 5^th respondent and the Tahsildar on 24.10.2024, the Tahsildar has submitted a report to the Collector that the cultivation in petitioners’ land is illegal, to protect the downstream Ayacutdars in terms of the decision of this Court, measures were taken by the department, accordingly blocked the illegally excavated Canals.

6. Considered the rival submissions. Having regard to the contentions advanced, this Court deems it fit to dispose of the writ petition directing the respondents to permit the petitioners to draw water from the irrigation channel that is maintained by the irrigation department and the petitioners are also directed not to use any other methods viz., motor engines/motor pumps, for drawing water from the irrigation channel. They shall remove the motor engines that are said to have been installed at the irrigation channel for drawing water. Further, the petitioners should not cause any hindrance to the riots of the downstream Ayacut area of the Channel in drawing water to their fields. It is pertinent to observe that the petitioners shall not dig or excavate any irrigation channels unauthorizedly and the Channel that has been referred to in the impugned notice of the 5^th respondent, said to have been dug by the petitioners shall be closed. 7. With the above observation, the writ petition is disposed of.

There shall be no order as to costs.

As a sequel, all pending miscellaneous applications shall stand closed.

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JUSTICE KIRANMAYEE MANDAVA Dated: 05.02.2025 Note: Issue CC by 06.02.2025 B/o MSI THE HONOURABLE SMT JUSTICE KIRANMAYEE MANDAVA WRIT PETITION NO: 2266/2025 Dated: 05.02.2025 Note: Issue CC by 06.02.2025 B/o