PV KRLIHNA RAO Vs. STATE OF ANDHRA PRADESH
LAWS(APH)-1982-4-20
HIGH COURT OF ANDHRA PRADESH
Decided on April 22,1982

P.V.KRISHNA RAO, P.S.R.V.K. RANGA RAO, AGED 25 YEARS, DOMMERU VILLAGE, KOVVUR TALUK, W.G.DIST Appellant
VERSUS
STATE OF ANDHRA PRADESH, REP. BY SECRETARY, IRRIGATION DEPARTMENT, SECRETARIAT BUILDINGS, HYDERABAD-4 Respondents

JUDGEMENT

AMARESWARI, J. - (1.) As common questions of law are involved these three Writ Petitions can be conveniently disposed of by a single order.
(2.) The petitioners in Writ Petition Nos.3459 ot 1978 and 3477 of 1978 are ryots owning lands in five adjacent villages, Kovvur, Ankarevula, Kumaradevam, Penakanamclta and Dommeru ot Kovvur Taluk, West Godavari District. The Petitioners in Writ Petition No.5923 of 1978 are ryots owning lands in six villages, Vegeswarapuram, Ballipadu, Chidipi, Peddevam, Ravurupadu and Thirugudumetta or Kovvur Taluk, West Godavari District. They were cultivating the lands for the last 20 years, raising crops such as sugar cane, paddy and chillies etc., by taking water fram underground with the help oi lilter points. According to the Petitioners, the average cost of lifting the water trom filter points worked oat at Rs. 100/-per acre. Some time in the year 1968 the ryots made representations to the Government to establish pumping schemes under which water can be lifted from river Godavari on the ground that it would cost considerably much less amount that the existing system, They also brought to the notice of the Government that similar schemes were established in the nearby village of Gutala and another village Pendyala and the ryots were paying only Rs. 50/- per acre tor water supply from those pumping schemes. The Government considered the matter and decided to establish two pumping schemes, one at Kumaradevam and the other at Vegeswarapuram. Though the Government took up the work in 1971, for some reasons it could not be completed and ultimately on the recommendations of the Chief Engineer, Minor Irrigation, the Government transferred the schemes to the Andhra Pradesh Irrigation Development Corporation Private Limited, the 3rd respondent herein in G.O.Ms. No.432, P.W.D. dated 11-4-1975. By G.O.Ms.No.664, Irrigation and Power (DR) Department, dated 3-9-1976, the Government also fixed rates for lift irrigation and also the subsidy rates to be borne by the Government. As per the rates fixed by the Government the ryots have to pay to the Corporation Rs.103/- per acre for Khariff crop, Rs.62/- per acre for Rabi crop and Rs.l65/-per acre for both crops or duffasal crop in addition to the normal rates of water cess payable to the Government.
(3.) After the transfer of the schemes to the Corporation by the Government, the schemes were completed by the middle of 1976 and water was released by August, 1976 Thereafter notices were issued to the petitioners by the Corporation to pay the water rates as fixed by the Government after taking into consideration the subsidy given by the Government i.e., Rs.l03/-for Khariff crop, Rs.62/- for Rabi crop and Rs 165/- for duffasal crop in addition to Rs.50/- to be payable to the Government. In the notice its was mentioned that if the amounts were not paid immediately action under Revenue Recovery Act will be taken for recovery of the amounts. It is this action of the Corporation that is challenged in this Writ petition.;


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