THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY Writ Petition No.31689 of 2012 Between:
Sadimeneni Satyanarayana And Dated 06th November, 2014 …Petitioner Government of Andhra Pradesh rep.by its Principal Secretary, Irrigation & Command Area Development (CAD) Department, Secretariat, Hyderabad and others …Respondents Counsel for the petitioner: Sri K.S.Murthy for Sri G.Venkateswarulu Counsel for respondent Nos.1 & 2: GP for Irrigation & CAD Counsel for respondent Nos.3, 4 & 6: AGP for Revenue Counsel for respondent No.7: Sri Gaddam Srinivas for Sri Andapalli Sanjeev Kumar The Court made the following:
ORDER:
This writ petition is filed for a mandamus to declare the action of the respondents in not forming Water Users’ Association of Konuru Lift Irrigation Scheme, Achampet Mandal, Guntur District under the provisions of the A.P.Farmers’ Management of Irrigation Systems Act, 1997 (for short ’the Act’) as illegal and arbitrary. The petitioner sought for a consequential direction to form Water Users’ Association for the said lift irrigation scheme.
I have heard the learned counsel for the parties and perused the record.
The petitioner averred that he is a farmer owning Acs.7.00 of land in Survey Nos.10/A and 10/A1 of Konuru Village, Achampet Mandal, Guntur District. That a lift irrigation scheme was established on the local rivulet of Krishna river, by name, Konuru Lift Irrigation System, to cater to the needs of Konuru and surrounding villages. That an ad-hoc committee headed by P.Srinivas Rao was constituted for the management of the lift irrigation scheme on collection of subscriptions from the farmers and that the ad-hoc committee has claimed itself to have evolved into a full- fledged society without following the procedure prescribed under the Act.
The petitioner further alleged that on account of omissions and commissions of the said ad-hoc committee, the farmers have been put to irreparable loss. He therefore sought for a direction to respondent No.3 to form a Water Users’ Association under the Act. That till such time as the Association is formed, he may appoint an officer or officers to exercise the powers and perform the functions of the Water Users’ Association.
No counter affidavit has been filed on behalf of any of the respondents.
The lift irrigation scheme falls under the definition of ‘irrigation system’ under Section 2(1)(p) of the Act. Chapter-II deals with “Farmers ‘Organisation’”. Under this Chapter, the District Collector by notification and in accordance with the rules made under the Act delineate every command area under each of the irrigation systems on a hydraulic basis which may be administratively viable and declare it to be a water users’ area, and for every such area, a water users’ association has to be formed. The Act provides for the method and manner in which such association has to be formed and elections have to be held. Under Section 34 of the Act till such an association is formed, Government may by notification appoint an officer or officers to exercise the power and perform the functions of the farmers’ organisation.
Inasmuch as there appears to be serious differences among the various groups for running the irrigation scheme, respondent No.3 is directed to take immediate steps for formation of a Water Users’ Association for the Konuru Lift Irrigation Scheme, Achampet and ensure that the Association is formed and elections for the management of the said Association are held within three months from the date of receipt of a copy of this order. Respondent No.1 is directed to forthwith issue notification appointing two officers, one each from the Irrigation and Revenue Departments belonging to Mahabubnagar District to manage the Konuru Lift Irrigation Scheme till Water Users’ Association is formed by respondent No.3 and elections to the Association are held.
Subject to the above directions, the writ petition is disposed of.
As a sequel to disposal of the writ petition, W.P.M.P.No.40414 of 2014 shall stand disposed of as infructuous.
C.V.NAGARJUNA REDDY, J 06th November, 2014
VGB