THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.17935 of 2008 ORDER: Although the matter is listed under the caption ‘interlocutory’, at the request of the learned counsel for the petitioner as well as the learned Assistant Government Pleader for Revenue appearing for the respondents, the Writ Petition itself is taken up for hearing and being disposed of by this order. In this Writ Petition, petitioner seeks a mandamus declaring the inaction on the part of the respondents in protecting the water tank known as Butchiraju Cheruvu situated in Survey No.12/1 of Denkada Village and Mandal, Vizianagaram District, as illegal and arbitrary. It is the case of the petitioner that he is an ayakutdar and is the owner and possessor of land admeasuring Ac.1.75 cents covered by Survey No.161/1 in patta No.78 named as Nomu Polam, situated at Denkada Village and Mandal, Vizianagaram District. It is also his case that it is an ayakut land under the local tank, by name, Butchiraju Cheruvu. It is his grievance that some people are trying to encroach the land for laying road towards the northern side of the tank in order to facilitate some people dealing in real estate, and in spite of his objection, no steps are being taken. At the stage of admission, this Court by order, dated 19.08.2008, ordered to maintain status quo and that the said order continued all along. Although the Writ Petition is of 2008, no counter-affidavit is filed. But, when the matter is taken up today, on instructions, it is submitted by the learned Assistant Government Pleader for Revenue appearing for the respondents that no constructions are being allowed in the tank- bed area of the aforesaid tank. As it is not in dispute that the aforesaid tank is a registered irrigation source and the petitioner is having lands under the ayakut of such tank, no construction should be allowed in the area covered by water-body known as Butchiraju Cheruvu. For the aforesaid reasons, I deem it appropriate to direct the respondents not to allow any constructions/encroachments in the tank- bed area covered by Butchiraju Cheruvu in Survey No.12/1 in Denkada Village, Vizianagaram District. It is needless to mention that if there are any encroachments in the aforesaid area, the respondents are directed to take steps in accordance with law for removal thereof. Subject to the above directions, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 1st AUGUST, 2011. kvni