THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.18418 of 2007 Date: 15-10-2009 Between: M.Giridhar Reddy and others … Petitioners And The District Collector and others … Respondents THE HONOURABLE SRI JUSTICE G. CHANDRAIAH W.P. No.18418 of 2007 ORDER: This writ petition has been filed seeking Writ of Mandamus declaring inaction of the respondents in taking any suitable action against the encroachers of Kovurupadu Cheruvu, P.R. Tank situate in Survey No.58/2 of Kovurupadu Village, Varadaiahpalem Mandal, Chittoor District in order to proceed with the repair of the said tank in accordance with the administrative sanction letter dated 11.08.2006, as illegal, arbitrary and unjust and consequentially direct the respondents to initiate suitable action to proceed with the repair of the said tank. The case of the petitioners, in brief, is that they have a PWD tank by name Kovurupadu Tank, which is also called Kovurupadu Kotha Cheruvu Tank admeasuring nearly Acs.14.00. It is submitted that some farmers, who have their agricultural lands within the proximity of the said tank, have started encroaching the said tank bed and planted eucalyptus trees and also some area of the said tank bed is also being irrigated, which is illegal. This agricultural activity illegally initiated by certain farmers, in the tank bed is proving detrimental to the water tank and further they are obstructing the revenue authorities from repairing the said tank. In this regard, many a times, the petitioners have made representations to the revenue authorities to take suitable steps immediately to repair the tank and make it useful for the farmers, who are having agricultural lands under the said tank, but in vain. It is also submitted that the 3rd respondent, Thahasildar, visited the said tank on 14.09.2004 and requested the 1st respondent, District Collector, vide his proceedings dated 17.09.2004 for a suitable direction to the Irrigation Authorities to restore the above tank. However, the then subsequent Mandal Revenue Officers in spite of repeated demands have not taken any action and the tank bed is being continued to be used for agricultural activities. Even on 26.07.2007 the petitioners have made an express representation to the respondents and based on the same, the 1st respondent also granted permission to start repair work under “Andhra Pradesh Grameena Upadhi Hami Padhakam” vide its letter dated 11.08.2006. In accordance with the said permission, an amount of Rs.25,39,352/- was also sanctioned for technical assistance for repair of the tank. However, the farmers, who are occupying the tank bed and are indulging in agricultural operations, are objecting to the said work from being proceeded with. Though the request has been made to the 3rd respondent to take suitable action to proceed with the repair tank to the said tank, but in vain. Hence, the present writ petition. The petitioners, along with the writ petition, WPMP. No.23640 of 2007 is also filed seeking to direct the respondents to take immediate action for continuing with the repair work in respect of Kovurupadu Cheruveu, P.R. Tank, situate in Survey No.58/1 of Kovurupadu Village, Varadaiahpalem Mandal, Chitoor District, pending disposal of the writ petition and this Court, by order dated 03-09-2007, while issuing Rule nisi, passed the order as follows: “It is the case of the petitioners that Kovurupadu cheruvu, P.R.Tank is PWD tank and the total extent of the said tank is Acs.13.70 cents. It is stated that pursuant to the proceedings of the 1st respondent-District Collector, dated 17-09-2004, to the concerned Irrigation authorities to restore the tank as the said tank was illegally being used by the surrounding field owners, 1st respondent granted permission to start the repair work under Andhra Pradesh Grameena Upadhi Hami Padakham vide letter, dated 11-08-2006, granting sanction of Rs.25,39,352/- but having sanctioned the said amount the authorities are not proceeding with construction of the said tank without any justification. Having regard to the facts and circumstances, respondents are directed to take immediate action for continuation of the repair work in respect of Kovurupadu cheruvu P.R. tank situated at Sy.No.58/2 of Kovurupadu village, Varadaiahpalem Mandal, Chittoor District pursuant to the orders of the 1st respondent under Andhra Pradesh Grameena Upadhi Hami Padhakam, dated 11-08-2006, as the technical sanction No.H/2678/2005 and administrative sanction No.H/2678/2005 were already approved recognizing the serial number of the work 10136171902005006 to remove the wastage from the said tank.” From the above, I deem it appropriate to dispose of the petition in terms of the orders dated 03-09-2007 passed by this Court in WPMP. No.23640 of 2007 above order. Accordingly, having regard to the facts and circumstances of the case, the writ petition is disposed of in terms of the orders passed by this Court on 03-09-2007 in WPMP. No.23640 of 2007. There shall be no order as to costs. __________________________ JUSTICE G. CHANDRAIAH Date: 15-10-2009 LSK