1 VS,J W.P.No.11378 of 2016 APHC010818282016 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] WEDNESDAY,THE FIFTEENTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 11378/2016 Between: 1. T. PRABHAKAR NAIDU,, S/O ANKAYYA AGED ABOUT 59 YEARS 2. K. CHINNARAMALINGA REDDY,, S/O NAGIREDDY AGED ABOUT 67 YEARS 3. N. VENKATESWARLU,, S/O VENKAIAH, AGED ABOUT 43 YEARS ALL R/O. RACHARLAPADU VILLAGE, KODAVALURUMANDAL SPSR NELLORE DISTRICT. ...PETITIONER(S) AND 1. STATE OF A P, REP. BY ITS PRINCIPAL SECRETARY, REVENUE DEPARTMENT SECRETARIAT, HYDERABAD 2. THE DISTRICT COLLECTOR, SPSR NELLORE DISTRICT, NELLORE, 3. TASILDAR KODAVALURUMANDAL, SPSR NELLORE DISTRICT. 4. DEPUTY EXECUTIVE ENGINEER IRRIGATION, SUB-DIVISION BUCHIREDDIPALEM, SPSR NELLORE DISTRICT. 5. EXECUTIVE ENGINEER CENTRAL DIVISION IRRIGATION, DEPARTMENT, SPSR NELLORE DISTRICT 6. INDIAN FARMERS FERTILISEER COOPERATIVE LIMITED, IFFCO) REPRESENTED BY ITS SECRETARY IFFCO SADAN, C-1DISTRICT 2 VS,J W.P.No.11378 of 2016 CENTRE, SAKET PLACE, SAKET, NEW DELHI - 110017 7. IFFCO KISAN SEZ LIMITED, REPRESENTED BY ITS DEVELOPMENT COMMISSIONER, 2ND FLOOR, SRINIVASA TOWERS, SRINAGAR COLONY, NELLORE - 524003, ANDHRA PRADESH ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue a Writ, Order, or Direction more particularly one in the nature of WRIT OF MANDAMUS declaring the proceedings of the 2nd Respondent vide R.Dis.(d6) 6982/96 dated 13.12.1997 as illegal, arbitrary and consequently set aside the said proceedings and direct the respondent authorities to ensure the supply of accustomed amount of water to the ayacut lands of the petitioners and other ayacutdars under Racharlapadu tank without any obstruction as is being done for decades and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case. IA NO: 1 OF 2016(WPMP 14344 OF 2016 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondent authorities to ensure that no steps to block water flow from Racharlapadu tank into the Ayacut area of the tank including the closure of water sluice from the Tank which brings the water to irrigation lands in the village are taken by any of the respondents while suspending the impugned order 211,1 Respondent vide R.Dis.(d6) 6982/96 dated 13.12.1997 pending disposal of the writ petition and pass such further order or orders as this Hon'ble court may deem fit and proper in the circumstance of the case. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased May be pleased to grant leave for filing counter affidavit in the W.P.NO. 11378 OF 2016 and pass Counsel for the Petitioner(S): 3 VS,J W.P.No.11378 of 2016 1. K S MURTHY ASSOCIATES Counsel for the Respondent(S): 1. GP FOR REVENUE (AP) 2. MEDAPATI SANTOSH REDDY 3. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS,J W.P.No.11378 of 2016 ORDER: This Writ Petition came to be filed under Article 226 of the Constitution of India seeking the following relief:- “….to issue a Writ, Order, or Direction more particularly one in the nature of Writ of Mandamus declaring the proceedings of the 2nd Respondent vide R.Dis.(d6) 6982/96 dated 13.12.1997 as illegal, arbitrary and consequently set aside the said proceedings and direct the respondent authorities to ensure the supply of accustomed amount of water to the ayacut lands of the petitioners and other ayacutdars under Racharlapadu tank without any obstruction as is being done for decades and pass such other order or orders as this Hon'ble court may deem fit and proper in the circumstances of the case....” 2. The petitioners herein are marginal farmers having different extents of land in Tallamanchi revenue village, which were categorized as ayacut and receive irrigation water from Dagadarthi-Racharlapadu (D.R) channel through Racharlapadu tank. Brief facts of the case are as under: (a) The Sontha Cheruvu is an old irrigation tank with a total area of 79.26 acres, initially serving a limited ayacut of 57.82 acres of wet land. In the year 1969, as part of government irrigation improvements, the tank was integrated with the D.R. Channel under the Pennar Delta system, enabling more water supply from Kanigiri Reservoir. The water from the D.R. Channel is used by ten tanks in different villages including Racharlapadu tank which helps in irrigating 211 acres out of which, 111 acres of land falls on the west side of highway connecting Chennai and Nellore and the remaining 100 acres falls on the eastern side of the highway which is categorized as new ayacut. The petitioners’ lands fall under the new ayacut i.e. under 100 acres of land. In the year 1996 the Andhra Pradesh government acquired a total of 2776.23 acres covering various identified villages for industrial/residential development and the same was handed over to the 6th respondent in the year 1997. The aforesaid acquired lands include 79.26 acres of Racharlapadu tank and its wet 5 VS,J W.P.No.11378 of 2016 land ayacut to an extent of Acs.57.82 cents, but, the land to an extent of 100 acres near the tank which includes the petitioners’ lands were not acquired. As such, the petitioners have been cultivating the said lands ever since. The lands which were acquired as aforesaid, remained unused for 15 years as the proposed urea factory was not established. In the year 2010, these lands were notified as a Special Economic Zone (SEZ) of the 6th respondent. Subsequently, in the year 2012, when the 7th respondent attempted to close the sluice gate of the Racharlapadu Tank, which would cut off irrigation to the petitioners’ fields, the petitioners complained the same to the respondent authorities, but, no action was initiated, as such, the petitioners filed W.P.No.28548 of 2012 before this Court with a request to direct the respondents to continue water supply, wherein, this Court passed an interim order on 12.09.2012 to prevent closure of sluices and maintain irrigation. Thereafter, by way of counter affidavits filed by the respondents in the said writ petition, it was discovered by the petitioners that the ayacut of the tank (including 57.82 acres) had been deleted from government records in the year 1997 vide orders of the District Collector in R.Dis.(d6) 6982/96, dated 13.12.1997, without issuing any notice or inviting objections from the affected ayacutdars including the petitioners herein. (b) The petitioners have also filed an additional affidavit stating that the writ petition filed by the petitioners i.e. W.P.No.28548 of 2012 was disposed of on 06.04.2016 directing the petitioners to make a representation to the District Collector within a period of four weeks, reiterating the grievances canvassed in the said writ petition and further directed the District Collector to dispose of the said representation within a period of three months. Accordingly, the petitioners have submitted a representation to the District Collector on 10.06.2016, pursuant to which, orders in Rc.D3.2103/2016, dated 14.11.2016 were passed by the District Collector as under: 6 VS,J W.P.No.11378 of 2016 “In view of the above, it is hereby ordered that the farmers of agricultural lands measuring Ac.101.50 in Survey No.s729, 730, 731, 733, 735, 736, 737, 738, 739, 740, 741, 742 and 743 of Racharlapadu H/o Talamanchi Village of Kodavaluru Mandal, Sri PottiSriramulu Nellore District, have established their right to draw water from Racharlapadu Tank (SontaCheruvu) of Talamanchi Village of Kodavaluru Mandal of Sri PottiSriramulu Nellore District, in the event of scarcity of water to their agricultural fields from Dagadarthi-Racharlapadu Channel.” (c) In accordance with the said orders, the petitioners have been drawing water from the Racharlapadu tank for cultivation till date. Thereafter, few representatives of the 6th respondent threatened the petitioners herein to stop drawing water from the aforesaid tank and have initiated steps to tamper the flow of water. Hence, the present writ petition is filed. 3. The respondent Nos.6 and 7 have filed a detailed counter affidavit denying the contentions of the petitioners. It is further stated that the petitioners have no locus standi to challenge the impugned proceedings dated 13.12.1997, as the lands in question, situated in Survey No.550 to an extent of Ac.57.42 cents, were duly acquired by the State Government under the provisions of the Land Acquisition Act and transferred to the 6th respondent after full payment of the prevailing market value, as per G.O.Ms.No.407 dated 19.08.1995 and G.O.Ms.No.794 dated 30.12.1995. The said lands, which formed part of the ayacut of the Racharlapadu Tank, were deleted from the Pennar Delta System and the same have been utilized for the establishment of an operational Special Economic Zone (SEZ) and industrial park by the 7th respondent. It is further stated that substantial investments were made for the development of the said industrial park, which presently accommodates several industrial units providing employment to over a thousand individuals and contributing significantly to the economic development of the underdeveloped region of North Nellore. It is further stated that the irrigation system has remained intact and functional and that the D.R. Channel is 7 VS,J W.P.No.11378 of 2016 continuing to be the primary source of irrigation for the petitioners’ lands. The District Collector, after considering representations and upon due consultation with the concerned Executive and Superintending Engineers of the Water Resources Department, Nellore, issued a detailed order dated 14.11.2016, clearly holding that the D.R. Channel feeds about eleven tanks, including the Racharlapadu Tank (Sontha Cheruvu), and that the ryots are irrigating an extent of Ac.101.50 cents of ayacut lands from the said channel. It is further stated that even as per the order of the District Collector, there has been no obstruction or closure of the irrigation source at any point of time, and the petitioners’ lands continue to be irrigated through the D.R. Channel. The contention of the petitioners that water from the Delta system was diverted or that their livelihood was affected is, therefore, wholly incorrect and misleading. It is further stated that the present writ petition is filed after an inordinate delay of nearly twenty years and that the same suffers from delay and laches and is barred by the principles of res judicata and limitation, and is nothing but an abuse of the process of law. The rights of the petitioners have not been affected in any manner, and that no cause of action survives for maintaining this writ petition. Hence, requested to dismiss the writ petition. 4. Heard Sri. K.S. Murthy, learned Senior Counsel appearing for the petitioners, Sri. Medapati Santosh Reddy, learned counsel for respondent Nos.6 and 7; and learned Government Pleader for Irrigation. 5. On a perusal of the material available on record, it can be seen that the petitioners are marginal farmers owning lands in Tallamanchi revenue village, categorized as ayacut and the said lands are irrigated through the Dagadarthi–Racharlapadu (D.R.) channel through the Racharlapadu tank. The Sontha Cheruvu (Racharlapadu tank), with an area of 79.26 acres, originally irrigated 57.82 acres of wet land. In the year 1969, it was integrated with the D.R. Channel under the Pennar Delta system, in order to improve water supply from the Kanigiri Reservoir. The channel feeds ten tanks, including 8 VS,J W.P.No.11378 of 2016 Racharlapadu, which in turn irrigates 211 acres (111 acres west and 100 acres east of the Chennai–Nellore highway). Admittedly the petitioners’ land fall in the 100 acres on the eastern side of the highway. Subsequently, in the year 1996, the government acquired 2776.23 acres for industrial/residential development, including the tank area (79.26 acres) and its original ayacut (57.82 acres), but not the new ayacut in which the petitioners’ lands fall. However, the said lands which were acquired remained unused for 15 years and in the year 2010 the samewere designated as Special Economic Zone (SEZ). In the year 2012, when the 7th respondent attempted to close the tank’s sluice gate which would cause loss to the petitioners’ lands, the petitioners filed W.P. No. 28548 of 2012 before this Court, wherein this Court on 12.09.2012 directed the respondents to maintain water supply. It was through the counter affidavit filed by the respondents in the said writ petition, the petitioners got to know that the tank’s ayacut was deleted from the records in the year 1997 without there being any notice to the petitioners and the affected parties. However, the said writ petition was disposed of on 06.04.2016, directing the petitioners to submit a representation to the District Collector, and accordingly on 10.06.2016 a representation was submitted to the District Collector who in turn passed an order in Rc.D3.2103/2016 dated 14.11.2016, recognizing the farmers’ right to draw water from Racharlapadu Tank during water scarcity. 6. It is clear from the order passed by the District Collector on 10.06.2016 and also from the counter affidavit filed by respondent Nos.6 and 7 that there has been no obstruction or closure of the irrigation source to the petitioners’ lands at any point of time and that the petitioners’ lands continue to be irrigated through the D.R. Channel. It can further be seen that there has never been any obstruction or closure of the irrigation source to the petitioners’ lands. The petitioners have been continuously receiving water for irrigation through the D.R. Channel, and the supply has not been interrupted at any time. The respondents have also admitted in the counter affidavit that the flow 9 VS,J W.P.No.11378 of 2016 of water from the Racharlapadu Tank through the D.R. Channel remains steady and that the petitioners’ fields continue to be irrigated. As such, this Court is of the opinion that that the petitioners’ agricultural operations have not been adversely affected at any stage by the respondents with regard to the supply of irrigation water. 7. In view of the above discussion, this writ petition is disposed of and the respondents are directed to allow the petitioners to draw water from Racharlapadu Tank (SontaCheruvu) of Talamanchi Village of Kodavaluru Mandal of Sri PottiSriramulu Nellore District, to their agricultural fields from Dagadarthi-Racharlapadu Channel. There shall be no order as to costs. As a sequel thereto, miscellaneous petitions, if any, shall stand closed. ________________________ JUSTICE V.SUJATHA Date:15.10.2025 Gss