THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25581 of 2003 November 25, 2010 Between: V.Gopalaiah, S/o.Late Chinna Ramanaiah And others … Petitioners And The District Collector, Nellore District And others ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.25581 of 2003 ORDER: The petitioners are residents of Veligantipalem village of Podalkur Mandal in Nellore District, where there is a tank (water body) called Malawadakunta. They allege that it is a drinking water source and was encroached upon by respondents 4 to 6 for the purpose of agriculture to the extent of Acs.1.50. Petitioners approached the respondents 1 to 3 for redressal in removing the encroachment. Therefore they filed instant writ petition for appropriate direction. Third respondent, namely, Mandal Revenue Officer, Podalkur, filed counter affidavit. For ready reference, paragraphs 2 to 4 extracted herein. At the outset it is respectfully submitted that there is Government Tank locally called as “Malawada Kunta” in Velingantipalem village of Podalkur Mandal and the same is being utilized for communal purposes by the villagers and is under the control of the Executive Engineer, Rural Water Supply Division, Gudur. As the tank was getting silted up, it was decided to restore the tank, to ensure that its water retention capacity is restored to its original standard and to use as the percolation tank in the public interest. It is humbly submitted that the land in question was entered into “Prohibitory Order Book” vide my office Rc.No.A/5616/89 dated 20.6.2003. It is submitted that there were encroachments by two individuals over the tank bed land in Sy.No.102/1. As such proceedings under the A.P. Land Encroachment Act, 1905 were initiated. Section 7 notices were issued on 06.11.2003 and Section 6 orders were issued on 24.11.2003. thereafter a general notification was issued and displayed in prominent places in respect of the encroachments over Sy.No.102/1 (Malawada Kunta) and other Sy.Nos. pertaining to other tanks in the village. The S.H.O. Podalakur Police Station, was also intimated vide letter dt.25.9.2003, in as much as interference with water bodies is an offence u/s.430 IPC and also u/s.34 of A.P. Irrigation, Utilisation and Command Area Development Act, 1984 and steps are being taken for eviction of encroachments. In view of the counter averments, which remain unrebutted (no reply affidavit is filed), petitioners’ allegation about the inaction cannot be accepted. As the respondents have already initiated action and none appears for the respondents 4 to 6, writ petition is disposed of, observing that the third respondent may remove all the encroachments and restore the water body as mandated by the Constitution of India and the law laid down by the Supreme Court in Hinch Lal Tiwari v Kamala Devi[1]. The writ petition is, therefore, disposed of. _______________ (V.V.S.RAO,J) November 25, 2010. YS [1] (2001) 6 SCC 496