THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.24754 of 2010 Dated 04th October, 2010 Between: D. Appala Narsayya and others …Petitioners And The District Collector, Srikakulam and others. …Respondents Counsel for the petitioners: Sri K. Purushotham Counsel for respondent Nos.1 and 2: Assistant Government Pleader for Revenue Counsel for respondent Nos.3 to 13: -- The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent Nos.1 and 2 in not evicting respondent Nos.3 to 13 from Meduri Krishnamma tank of Bodduvalasa Village, Rajam Mandal, Srikakulam District, as illegal and arbitrary. The petitioners claimed to be ayacutdars of the abovementioned tank which allegedly holds Acs.212.12 cents as its ayacut. They alleged that respondent Nos.3 to 13 have unlawfully encroached the tank bed area and been cultivating the same causing damage to the tank bed and also affecting the tank’s capacity. The petitioners along with several others claimed to have made a detailed representation to respondent No.1. They have filed a copy of the said representation along with this writ petition. In my opinion, respondent Nos.1 and 2 have the duty and responsibility to ensure that the tank beds of irrigation tanks and other water sources are kept free from encroachments. If the petitioners have made representation as claimed by them, I do not find any justification whatsoever for respondent Nos.1 and 2 not to take appropriate steps for evicting the encroachers if the allegation of encroachment is found true and correct. In this view of the matter, respondent No.1 is directed to initiate immediate steps to ensure that the tank bed of Meduri Krishnamma tank and any part of its catchment area is free from encroachments. If respondent Nos.3 to 13 or any other person/persons found in possession of such tank bed/catchment area, respondent No.1 shall issue notices to them and take appropriate action in accordance with law. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.31667 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 04th October, 2010 Note: Issue CC in one week. (B/o) GHN