IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TWENTY FIFTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO.21116 of 2008 Between: Kuntamukkala Gram Panchayat, rep. by its Sarpanch P. Venkata Rajendra Prasad, G.Kondur Mandal, Krishna District. ...PETITIONER AND 1 The Government of A.P., Rep. by its Principal Secretary, Revenue, Secretariat Buildings, Hyderabad. 2 The District Collector, Krishna at Machilipatnam, Krishna District. 3 The Tahsildar ( Mandal Revenue Officer ) G.Kondur Mandal, Krishna District. ...RESPONDENTS 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 Writ order or direction more particularly one in the nature of writ of Mandamus, declaring the inaction of the respondents in conducting the survey and remove the encroachments in the Toorpu Cheruvu as per resolutions passed by the petitioner as illegal and arbitrary and consequently direct the 3rd respondents to conduct survey and demarcate the Toorpu Cheruvu in the petitioner Gram Panchayat, with giving notice to the necessary persons, within 4 weeks, and to grant such other relief. Counsel for the Petitioner: MR.V.KISHORE Counsel for the Respondents: GP FOR REVENUE The Court made the following: THE HON'BLE MR JUSTICE N.V.RAMANA WRIT PETITION NO.21116 of 2008 ORDER: This Writ Petition is ﬁled seeking to declare the inaction of the respondents in conducting the survey and removing the encroachments on the tank area of Toorpu Cheruvu, as illegal and arbitrary and to direct the third respondent to conduct survey and demarcate the Toorpu Cheruvu of Kuntamukkala Gram Panchayat, after giving notices to the necessary persons. The facts, which are necessary for disposal of this Writ Petition, are that the petitioner-Gram Panchayat is having irrigation Tank in the village, which supplies water to cultivate paddy crop in an extent of Acs.6.00. The said water tank will get water through Konda Vagu. During the last ten years, the Konda Vagu and the tank bed area has been encroached by the villagers and they started cultivation, causing obstruction to the water to enter into the tank. Due to encroachment, the storage of tank area has also been reduced, which resulted in suﬀerance of water to the crops. The Gram Panchayat has taken steps to remove the encroachments and ﬁll the tank with full tank level, but their eﬀorts became futile. Hence, the petitioner-Gram Panchayat passed a resolution on 31.03.2008 and addressed letters dated 30.06.2008 and 11.08.2008 requesting the third respondent to conduct survey of the Toorpu Cheruvu (East Tank), remove the encroachments and demarcate the tank area. But so far, no action thereon had been taken. Hence, the petitioner- Gram Panchayat ﬁled the present Writ Petition seeking necessary directions to the third respondent. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Revenue, and both of them agreed to dispose of the Writ Petition with the following directions. The third respondent, namely the Mandal Revenue Officer, G. Kondur Mandal, Krishna District, is directed to conduct survey, after issuing necessary notices to all the parties concerned, and demarcate the tank bed area of Toorpu Cheruvu of Kuntamukkala Gram Panchayat, G.Kondur Mandal, Krishna District, expeditiously, preferably within a period of two {2} months from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. ______________ (N.V.RAMANA, J) 25th September 2008 RRB