IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION NO : 7847 of 2008 Between: Bathi Satya Veni, W/o. B. Venkata Ramana, R/o. Peda Gogada Post & Village, Cheedikada Mandal, Visakhapatnam District. 2 Rallapalli Paravasthasam, S/o. Rallapalli Satyanarayana, R/o. Peda Gogada Post & Village, Cheedikada Mandal, Visakhapatnam District. 3 R. Suryaprakash Rao, S/o. Late R. Anantha Sastry, R/o. H.No. 5-200/A, Plot No. 323, Road No. 7, Krishna Nagar Colony, Moula Ali, Hyderabad. 4 R. Srinivasa Rao, S/o. Satyanaryana, R/o. H.No. 3-38/3/1/A, Gown Dodhi, Hyderabad. ..... PETITIONER(S) AND 1 The Government of A.P. Rep by its Chief Secretary, Secretariat Buildings, Hyderabad. 2 The District Collector, Visakhapatnam District, Visakhapatnam. 3 The Executive Engineer, Panchayat Raj Department, Visakhapatnam. 4 Tahasildar, Mandal Revenue Office, Cheedikada Mandal, Cheedikada, Visakhapatnam District. 5 The Sarpanch, Pedagogada Gram Panchayat, Padagogada Village, Cheedikada Mandal, Visakhapatnam District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue an appropriate writ, order or direction more particularly one in the nature of Writ of Mandamus declaring action of the respondents in not initiating action against the laying of rastha/road across "Peda Chintabanda" situated in Pedagogada Village, Cheedikada Mandal, Visakhapatnam District and not considering the representation dated 28- 3-2008 of the petitioners and other villagers as illegal, arbitrary, unjust and violation of Articles 21 and 300A of the constitution of India and violation of Board Standing orders and consequently direct the respondents to remove the rastha/road across the "Peda Chintabanda" situated in Pedagogada Village, Cheedikada Mandal, Visakhapatnam District and restore the Tank to its original position. Counsel for the Petitioner:MR.M.VENKATA RAMANA REDDY Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : Form-NIC-OGS/WP{RLD} O R D E R:- This writ petition is filed seeking a mandamus to declare the action of the respondents 1 to 4 in not initiating action against laying of rastha/road across “Peda Chintabanda Tank” situated in Pedagogada village and not considering the petitioners’ representation dated 28.3.2008, as arbitrary and illegal, and consequently direct the respondents to remove the rastha/road laid across the Tank and restore the it to its original position. The petitioners assert that they are all Ayacutdars of “Peda Chintabanda Tank” situated in Pedagogada village, Cheedikada Mandal, Visakhapatnam District and they have been cultivating their agricultural lands with the source of water of that tank. While so, the 5th respondent- Sarpanch, under the scheme of S.G.R.Y., dumped all the instruments with the help of proclainers for laying road across the tank. Then, the petitioners reported the matter to the respondents by making their representation dated 28.3.2008. Now, the petitioners’ grievance is that though they made representation, the respondents-authorities have not considered it and passed any orders. Heard the learned counsel for both the parties and perused the material placed on record. Having regard to the fact that the petitioners had already reported the matter to the respondents-authorities, the 2nd and 4th respondents are hereby directed to consider their representation dated 28.3.2008 and pass appropriate orders in accordance with law within a period of two weeks from the date of receipt of a copy of this order. Till such time, the respondents shall not lay rasta/road across the tank situated in Pedagogaga village. With the above direction, this writ petition is disposed of. No costs. ______________ 10.04.2008 Note: Furnish copy by tomorrow B/o bcj