The Hon’ble Sri Justice C.V.Nagarjuna Reddy Writ Petition No.31081 of 2014 Dated 17.10.2014 Between:
Sri Narsimhulu and 11 others And …Petitioners The Govt. of Telangana, Rep. by its Prl.Secretary, Irrigation and CAD dept., Hyderabad and 4 others.
…Respondents Counsel for the petitioners: Mr.Ghanta Rama Rao for Mr.Ghanta Sridhar Counsel for respondent No.1: AGP for Irrigation & CAD (AP) Counsel for respondent Nos.2 to 5: AGP for Revenue (AP) The Court made the following:
Order:
This Writ Petition is filed with the grievance that respondent Nos.3 to 5 have been highhandedly digging a canal for drawal of water from a tank viz., Nizogoni Tank, which is, allegedly, being used as percolation tank at present. It is the pleaded case of the petitioners that if the water from this tank is drawn for irrigation of lands other than those covered by this tank, the ayacutdars of this tank will suffer serious injury in view of depletion of ground water levels.
Having regard to the issue raised by the petitioners, this Court is of the opinion that it is appropriate for the petitioners to first approach respondent No.2 with a detailed representation substantiated by documentary evidence in support thereof and the said respondent considers and takes a decision thereon.
Accordingly, this Writ Petition is disposed of with the direction to respondent No.2 to consider the representation, that may be filed by the petitioners, and after giving them an opportunity of personal hearing, take appropriate decision and communicate the same to the petitioners.
Subject to the above direction, the Writ Petition is disposed of. As a sequel, WPMP.No.38850 of 2014, filed by the petitioners for interim relief, is disposed of as infructuous.
(C.V.Nagarjuna Reddy, J) Dt: 17th October, 2014
LUR