THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14405 of 2009 AND WRIT PETITION No.8332 of 2010 April 20, 2010 Between: P.Dongababu, S/o.Venkatesh … Petitioner And Government of Andhra Pradesh, represented by its Principal Secretary, Revenue Department, Secretariat Buildings, Hyderabad And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.14405 of 2009 AND WRIT PETITION No.8332 of 2010 COMMON ORDER: These two writ petitions are filed with similar allegations. Writ petition No.14405 of 2009 (first writ petition) was filed and was admitted. An interim order was also passed. Subsequently, wife and son of one Satyanarayana filed writ petition No.8332 of 2010 (second writ petition) for similar relief. It is the case of petitioners that they occupied an extent of Acs.2.00 each in survey No.131 situated at Gopalapatnam Village of Kodangi Mandal in East Godavari District in 1988/1973 respectively. They allege that the then Tahsildar, Tondangi Mandal, also issued possession certificates and they have been continuously cultivating the land without any let or hindrance. It is their case that in 2007 and 2008 in connection with Food For Work (FFW) programme and in 2009 in connection with the works under National Rural Employment Guarantee Scheme (NREGS), the labour started excavating the land in their possession on the instructions of respondents. Therefore these writ petitions are filed seeking appropriate Mandamus for declaration and directions. Alternatively, petitioners also pray for direction to Government to assign alternative lands for them. The Tahsildar filed counter affidavit along with WVMP in the first writ petition. The Assistant Government Pleader obtained instructions in second writ petition. The possession of petitioners in respect of the land comprised in survey No.131 is not denied. The allegation of petitioners that they were issued possession certificates by the then Tahsildar is also not denied. It is however stated that the land admeasuring Acs.17.15 in survey No.131 of Gopalapatnam Village is classified as tank-bed land, that possession certificates issued by the then Tahsildar does not confer any right on the petitioners and that the works were undertaken under FFW programme in 2007-2008 and under NREGS in 2009 for renovation of tank. The counsel for petitioners and the Assistant Government Pleader for Revenue (Andhra Area) made their submissions reiterating their possession in the pleadings. There cannot be any dispute that unless and until the land admeasuring Acs.17.15 classified as tank- bed or tank land is reclassified by appropriate authority into assessed waste dry, the same cannot be assigned nor it can be allowed to be permanently cultivated . Of course, as per Para 15 of Board Standing Orders, in certain circumstances, the tank-bed land and/or seashore lands can be permitted to be cultivated by Eksal lease provided they do not cause detriment to the catchment area. In either of the events, appropriate authority has to take a decision and issue a notification. In this case, there is no such notification. Therefore, the question of assignment of the land in possession of petitioners does not arise. The action of respondents in taking up tank renovation work by removing the mud under FFW as well as NREGS also cannot be faulted. As the petitioners are in possession of the land, which is not denied, the only course open is to evict them by following the provisions under Andhra Pradesh Land Encroachment Act, 1905. The request of petitioners for assignment of alternate land can be considered subject to conditions of their eligibility for assignment of Government land. The writ petitions are accordingly disposed of. ______________ (V.V.S. RAO, J) April 20, 2010 YS