IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF FEBRUARY TWO THOUSAND AND ELEVEN PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11835 of 2005 Between: Kotturi srinivasa Rao and another ..... PETITIONERS AND The District Collector, West Godavari District, Eluru and 2 others .....RESPONDENTS The Court made the following: THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No.11835 of 2005 O R D E R: Petitioners who are the agriculturists having small extent of land under the Nulukunta tank of the 3rd respondent Gram Panchayat adjacent to Tallamudi revenue village which is only the source of water to their lands filed this Writ of Mandamus declaring the inaction of the respondents in protecting the said Nulukunta tank situated in R.S.No.87/2 of Tallamudi village as illegal, and to direct the respondents to restore the tank to its original possession by removing the unauthorized encroachment. It is stated that the tank is situated in an extent of Ac.11.29 cents. The ayacut under the said tank is in an extent of Ac.35.49 cents possessed by nearly 22 ryots, mostly having less than Ac.2.00 of land. The repairs to the tank were undertaken during the year 2000-01 under Neeru-Meeru programme. While so, some of the villagers who had an evil eye on the tankbed land, tried to encroach upon the same when there was shortage of water in the tank in the year 1995-96 by filling up the tank for the purpose of house sites. Then the petitioners made a representation before the revenue authorities, but no action has been taken preventing to level up the tank and encroachment of the tankbed land and therefore, this writ petition is filed seeking prevention of the encroachment of the tankbed land. The learned counsel for the petitioners submits that in fact, the encroachers have also filed a writ petition being W.P.No.13276/2005 before this Court which was disposed of by order dated 08.08.2007. In the said writ petition, this Court had taken into consideration the counter filed by the Mandal Revenue Officer, Pedapadu wherein it was stated that the water in the tank was meeting the requirement of the ayacut and the tankbed land cannot be used for residential purpose and the water bodies cannot be permitted to cultivate or allowed or assigned for any other purpose, but the petitioners have occupied. If that be so, they are liable to be evicted by following due process of law. Accordingly, the writ petition was disposed of directing the revenue authorities not to dispossess the petitioners therein from their huts without following due process of law. In this writ petition, counter is filed on behalf of the District Collector, Eluru and the Mandal Revenue Officer, Pedapadu stating that the revenue authorities are taking steps to protect the tankbed land and in fact, a notice was also given to the encroachers and stated that necessary action would be taken for eviction of the encroachers, in accordance with law. The 3rd respondent Gram Panchayat also filed counter stating that the petitioners are having agricultural land under the tankbed and the tank is meeting the requirement of ayacut of 15 acres. It is stated that some houseless poor people occupied the tank poramboke and constructed thatched houses and the Gram Panchayat provided roads to the respondents as the land has become upper land and only an extent of Ac.4.00 out of Ac.11.29 cents of the tankbed poramboke land is available. Apart from that, the hut dwellers have approached this Court by filing a writ petition being W.P.No.13276/2005 and obtained interim directions not to dispossess them. The learned counsel for the petitioners submits that the said writ petition filed by the encroachers was disposed of directing the respondents therein not to dispossess the encroachers from their huts without following due process of law. The learned counsel for the petitioners further submits that as per the Government Orders in G.O.Ms.No.123, Revenue dated 29.01.1967 and G.O.Ms.No.157 Revenue (M) Department dated 13.02.1987 the tankbed land shall be protected and it cannot be assigned either for house sites or for any other purpose of agricultural operations, and therefore, there cannot be any justification on the part of the revenue authorities in not taking any action in protecting the tankbed land. It is stated that in view of the aforesaid Government Orders, the revenue authorities are bound to take action to evict the encroachers from the tankbed land, in accordance with law. Having regard to the facts and circumstances of the case, the respondents are directed to protect the Nulukunta Tank of Tallamudi village by taking appropriate action against the encroachers by following due process of law, and by following the Government Orders in G.O.Ms.No.123, Revenue dated 29.01.1967 and G.O.Ms.No.157 Revenue (M) Department dated 13.02.1987. Accordingly, the Writ Petition is disposed of. No order as to costs. ________________ V.ESWARAIAH,J Dated: 10.02.2011 Dsr