THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9404 of 2002 September 14, 2009 Between: Yedurupati Lakshmamma, W/o.Chinna Narayana And others …Petitioners and The District Collector, Kurnool District, And others. …Respondents. THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9404 of 2002 ORDER: Three petitioners filed instant writ petition seeking a direction to respondents not to interfere with peaceful possession and to declare action of respondents in removing/excavating soil from their lands as illegal and arbitrary. The case of petitioners is that they own agricultural lands in K.Nagalapuram village of Gudur Mandal in Kurnool District. First petitioner owns an extent of Acs.0.50 in survey No.190, second petitioner owns an extent of Acs.2.00 in survey No.192, and third petitioner is in possession of Acs.1.00 in survey No.191 and Acs.1.00 in survey No.192. They allege that they were in possession of lands for a long time and they were also issued Pattadar Pass Books (PPBs). They also allege that in furtherance of ‘Neeru–Meeru’ programme of Government of Andhra Pradesh, officials took up desilting of small tanks in survey No.194 admeasuring Acs.5.75. In that connection, officials influenced by big ryots started removing topsoil from petitioners’ lands. Petitioners lodged a complaint with the police, in vain. Therefore, they filed instant writ petition seeking declaration that removal of soil from petitioners’ lands as illegal and arbitrary. They allege that there is no tank in survey No.194 and only water is collected during rainy season. Therefore, entire action of respondents as illegal. Though writ petition is admitted on 15.5.2002, respondents have not filed in counter affidavit traversing petition allegations. Therefore, instead of keeping writ petition pending further, the same is disposed of in the following manner. Petitioners may give a representation to first respondent enclosing all necessary material like PPBs and other revenue records within a period of four weeks from the date of receipt of a copy of this order. As and when such representation is received, first respondent shall cause an enquiry made by third respondent so as to verify whether there is any registered water body/tank and then decide whether there is necessity for removal of topsoil. This exercise may be completed by the District Collector within a period of three months from the date of receipt of representation from the petitioners. The writ petition is accordingly disposed of. No costs. ____________ (V.V.S.RAO, J) September 14, 2009 YS