HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.26852 of 2011 Date: 19.10.2011 Between: Potluri Venkata Krishna ..... Petitioner AND: The Superintending Engineer, Irrigation and Command Area Development, Vijayawada, Krishna District And nine others. .....Respondents Counsel for the Petitioner: Ms G.Sindhu Counsel for Respondent Nos.1 to 4: AGP for Irrigation and CAD Counsel for Respondent No.5: Sri G.Elisha Standing Counsel for Gram Pancahyat Counsel for Respondent Nos.6 & 7: AGP for Revenue The Court made the following: ORDER: This Writ Petition is filed for a Mandamus to declare the action of respondent Nos.1 to 5 in not taking action in protecting the bund of irrigation channel in Survey No.276 of Komaravolu Village, Pamarru Mandal, Krishna District, by restraining respondent Nos.8 to 10 from proceeding with the illegal and unauthorised construction, as illegal and arbitrary. At the hearing, it is not disputed that when the officials of the irrigation department have sought to prevent respondent No.10 from removing the rubble from the bund in question, he has filed Writ Petition No.26727 of 2011, which was disposed of by this Court by order, dated 23.09.2011, wherein it is held as under: - “In my opinion, whether the petitioner is raising construction over his private land or on the land belonging to the Irrigation Department and whether he has been removing rubble from the canal bund are disputed questions of fact, which cannot be adjudicated in the present Writ Petition. Inasmuch as a survey appears to have been contemplated, as evident from the impugned notice, it would be appropriate that such survey is conducted and the truth is ascertained with respect to the above two aspects. Respondent No.5 is, accordingly, directed to get the survey completed, after issuing notice to the petitioner, within a period of one month from today. Till completion of survey and appropriate communication, based on the result of the survey, is sent to the petitioner, the respondents shall not remove the construction already made by the petitioner. At the same time, the petitioner shall also not raise further construction or carry out any work over the disputed land.” As comprehensive directions were given in the above reproduced part of the order, the petitioner shall not have any further grievance. In the light of the above, the Writ Petition is disposed of. As a sequel to disposal of the Writ Petition, W.P.M.P.No.33152 of 2011 filed by the petitioner for interim relief is disposed of as infructuous. ______________________________ C.V.NAGARJUNA REDDY, J 19th October 2011 DR