HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15657 of 2008 Date : 21.07.2011 Between : Raju Cheruvu Vyavasaya Kharmika Sangham, Nagampeta, rep. by its President. …..Petitioner And The Government of Andhra Pradesh, rep. by the District Collector, East Godavari District & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.15657 of 2008 ORDER: Though interlocutory matters are listed for hearing, at the request of learned counsel for the parties, the writ petition itself is heard and is being disposed of. This writ petition is filed by the petitioner-Society, seeking directions by way of Mandamus, declaring the action of respondent No.2 in seeking to dispossess its members from the land covered by Sy.Nos.31, 41, 42, 43/1 to 7, 44, 45/1 to 5, 46, 47, 61, 78/1 to 3, 79, 80/1 and 2, 81 to 86 and 88, totally admeasuring Ac.82.59 cents, situated at Komaragiri village of U.Kothapalli Mandal in East Godavari District, as illegal. It is the case of the petitioner-Society that its members were cultivating the aforesaid land, which is poramboke land of local tank, namely, ‘Raju Cheruvu’. It is the case of the petitioner-Sangham that though the said land is registered as tank land, as there is no water in the tank, it is being used by its members for agriculture, by raising paddy, and in that view of the matter, they cannot be dispossessed as otherwise than due process of law. In the counter affidavit filed by the 2nd respondent- Tahsildar, it is stated that the land in question covered by the aforesaid survey numbers is registered as a tank, but the local ryots, who are the members of petitioner-Society, have encroached into the tank and resorted to cultivation. It is further stated that in a public interest litigation filed in W.P.No.2493 of 2006, pursuant to the directions issued by this Court, action plan was prepared and encroachments in water-bodies were removed. It is further stated that the respondents have initiated proceedings under A.P. Land Encroachments Act, 1905 and have issued notices under Section 7 of the said Act to the encroachers numbering about 100, and thereafter, by issuing notices under Section 6 of the Act, the encroachments were removed. Even according to the petitioners, the land in question is registered as a tank. When the land is registered as a water-body, the members of the petitioner- Society cannot be allowed to encroach upon the same. In any event, having regard to the statement made in the counter that after initiating proceedings under the A.P. Land Encroachments Act, 1905, encroachments were already removed by issuing notices under Section 6 of the Act, I do not find any ground for grant of directions as prayed for. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No costs. _____________________ R.SUBHASH REDDY, J 21st July 2011 ajr