THE HON’BLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.15076 of 2002 ORDER: This writ petition has been instituted by four residents of Jangala Kandriga, Hamlet of Pidathapolur, Muthukur Mandal, Nellore District seeking a Writ of Mandamus for declaring the action of the respondents in seeking to alienate the channel bund of Krishnapatnam channel in Sy. Nos. 682 and 687 of Brahmadevam village, Muthukur Mandal, Nellore District for undertaking construction of houses for the beneficiaries on the said bund as bad in law. I have heard Sri P.Sridhar Reddy, learned counsel for the petitioners and learned Government Pleader for Revenue and Irrigation at great length on 17.2.2010. The principal contention canvassed by the writ petitioners was that the channel bund if is permitted and allowed to be used for construction of pucca houses and for alienating the same in favour of the beneficiaries, it will cause great impediment for the free flow of waters at a later point of time. Considering the significance of the issue, I thought it appropriate to direct the Superintending Engineer, Irrigation Circle, Nellore, the 4th respondent to undertake the personal inspection of the site in question and to draw up a detailed report as to whether it is advisable for allowing pucca constructions to come up on the channel bund and to file a report before the District Collector and Magistrate, Nellore – the 2nd respondent herein in that regard so that an appropriate decision in the matter may be taken. Today, the learned Government Pleader for Irrigation has produced a communication bearing No. Rc.D3. 3581/2010, dated 29.6.2010 received by her from the Collector and District Magistrate, Nellore. It is pointed out by the Collector that the Superintending Engineer/Irrigation Circle, inspected the site personally on 18.6.2010 and reported that several huts are still existing on the right side bank of Krishnapatnam channel at a distance of about 10-15 metres from the edge of the channel and that there are also basements constructed for about 30 houses upto 2 ft. high above the ground level, but the construction activity stopped long ago. The Superintending Engineer has also been assured by the dwellers of these houses that they would be vacating the channel bund within a short period of time inasmuch as several pucca houses have already been constructed by the government from the land that has been acquired for the said purpose. The report submitted by the Superintending Engineer, Nellore on 21.6.2010 has also been enclosed to this communication. It was also further pointed out that the State Government through Memo No. 24240/ASN(1)/033, Rev. Department, dated 22.8.2003 have issued instructions not to assign/lease any kind of encroachment relating to water bodies including supply channel, rivers, canals etc. In view of this policy decision announced by the State Government on 22.8.2003, it is now imperative for the respondents 2 and 4 to ensure that the Krishnapatnam channel in Sy. Nos. 682 and 687 of Brahmadevam village, Muthukur Mandal, Nellore District is rid off all encroachments at the earliest at any rate on or before 31.8.2010. With this writ petition stands disposed of inasmuch as the cause in the writ petition does not survive for further adjudication. No costs. -------------------------------- Nooty Ramamohana Rao, J knk 1st July 2010