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2017 DIGILAW 174 (KAR)

PAMPAPATI S/O BHIMAPPA HUVINBHAVI v. DEPUTY COMMISSIONER RAICHUR-584 101

2017-01-31

RATHNAKALA

body2017
ORDER : Though these matters are listed in the preliminary hearing list, by consent of both parties, heard and taken up for final disposal. 2. The writ petitioners in WP No.205703/2015 are the farmers on the Tungabhadra left sub canal No.54 & 55. They are before this Court seeking for a writ of mandamus directing the respondents – authorities to consider their representation vide Annexure-B dated 03.08.2015. By the said representation, the petitioners brought to the notice of the respondents – authorities that though 46 illegal connections were dis-connected, no permanent measure was taken by blocking the pipelines. 3. The petitioners in WP Nos.200134/2017 & 200135-150/2017 are the holders of the lands on the left bank of Tungabhadra commencing from 0.00 to 16.00 kms. There prayer is to consider their representation dated 31.07.2014/Annexure-A submitted to the respondents – authorities. These petitioners have brought to the notice of the authorities that 526 illegal connections, which are already notified by the authorities, no action is sofar taken in the event, any action is taken against 46 illegal connections, that will subject the other farmers to untold misery and action shall be taken in respect of entire land from 31.00 to 00.00 kms at a time. 4. Sri.Gourish S Khashampur, learned counsel for respondents no.2 to 5 submits that action in respect of 46 illegal connections has been taken and writ petitions are not maintainable. The names of the holders of the lands who are utilizing the water illegally is not specifically mentioned in either of the writ petitions. However, the respondents – authorities on survey of the entire area i.e. 00.00 kms to 31.00 kms, have notified 511 illegal connections which is published in local Kannada Daily News paper Vijayavani dated 07.07.2014. Till date, not even a single objection is received about the said notification. Annexure-A in WP No.205703/2015 was considered and action is already taken and it is admitted by the petitioners also vide their representation vide Annexure-R7. In that view of the matter, both petitions would not survive for consideration. 5. The writ petitioners will not dispute the action taken and also the illegal connections identified by the respondents – authorities in their notification at Annexure-R1. In that view of the matter, the prayer sought in both petitions will not survive for consideration. Hence, both petitions stand disposed of.