IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWELFTH DAY OF AUGUST TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION No: 5520 of 2001 BETWEEN: 1 Gokavaram Gram Panchayat, Rep. by its Person Incharge, Smt. G. Nagakumari, Gokavaram, Bandar Mandal, Krishna District. 2 Chiruvellapalem Gram Panchayat, Rep. by its Person Incharge Smt. P. Venkateswaramma, Chiruvellapalem, Bandal Mandal, Krishna District. ... PETITIONERS AND 1 The Superintending Engineer, (Drainage) Irrigation Sub-Division, Vijayawada. 2 The Deputy Executive Engineer, Drainage Irrigation Sub-Division, Machilipatnam, Krishna District. 3 The Revenue Divisional Officer, Machilipatnam, Krishna District. 4 The Mandal Revenue Officer, Bandal Mandal, Krishna District. 5 Smt.Sirivella Vijayalakshmi, W/o. Rajagopala Rao, R/o. Sirivellapalem, Bandal Mandal, Krishna District. ...RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court may be pleased to issue a writ, order or direction, particularly one in the nature of a Writ of Mandamus, declaring the inaction of the Responden Nos.1 to 4 as illegal and ultravires to the Provisions of Article 14 of the Constitution of India, besides directing the Respondent Nos.1 to 4 to prevent the Respondent No.5 from digging the bode in the donka situated in R.S.No.34-1B of Sirivellapalem, Bandar Mandal, Krishna District and pass Counsel for the Petitioners: MR.V.S.R.ANJANEYALU Counsel for the Respondents 1 & 2: GP FOR IRRIGATION & COMM AREA DEV. Counsel for the Respondents 3 & 4: GP FOR REVENUE Counsel for the Respondent No.5: MR. VENKATA RANGADAS KANURI The Court made the following: ORDER: Petitioners are the persons-in-charge of Gokavaram Gram Panchayat and Chiruvellapalem Gram Panchayat, which are situated in Bandar Mandal, Krishna District. They submit that on the western side of their Gram Panchayats there is drain called Thallapalem and a donka starts from the said drain leading up to Maginapudi-Machilipatnam Road and the said donka is covered by Sy.No.34-1B. There are sub-donkas leadings to various villages situated in Pedana Mandal and the donka is useful to the public of three Gram Panchayats whose population is nearly 6,000 and the villagers pass through the said donka everyday to reach their respective destinations. The said donka is in usage of public for passage since last five decades. 2. Petitioners further submit that the fifth respondent herein has got certain extent of land near the said drain and she developed prawn tanks in her land and to draw the water from the said drain to her prawn tanks she intended to dig a bode in the donka to an extent of 500 meters length. The villagers of the three villages objected to such course and then the fifth respondent, follower of the then ruling party, proclaimed that she got permission from the respondents 1 to 4 to dig the bode. Therefore, they seek a Writ of Mandamus to declare the action on the part of the respondents 1 to 4 in not preventing the fifth respondent from digging the bode in the donka situated in Sy.No.34-1B of Sirivellapalem, Bandar Mandal, Krishna District. 3. Counter has been filed by the Mandal Revenue Officer stating that the persons-in-charge of the petitioners - Gram Panchayats made a representation dated 17.01.2001 about the usage of the donka as pathway to go to their destinations and about the attempt of the fifth respondent in trying to dig bode to draw water from the said drain into her prawn tanks. It is stated that the fifth respondent also filed a representation dated 19.01.2001 stating that she using the bode to draw water for cultivation and it is a “Gayla” land leading to Tallapalem drain and that the villagers are obstructing to draw water and cultivate the land and accordingly requested to restore the bode. It is further stated that the land in Sy.No.34/1B is a Government land classified as Assessed Waste Dry in village records. While the fifth respondent attempted to dig bode in the land used as public pathway, the villagers obstructed and represented the matter to the fourth respondent. The drainage department had also been requested to take necessary action in the matter and the drainage department informed that prior permission for lifting water from the drain is required. It is further stated that there is no marking or subdivision made showing bode in the said land in the village records i.e. F.M.B Village Plan etc. It is not an authorized Bode dug with the permission of the authorities concerned and as the land is used as pathway it is required to protect the land for free passage of public and cattle. It is further stated that the matter has been enquired into and found that the fifth respondent is drawing water from Tallapalem Drain without permission as informed by the drainage authorities. The fifth respondent also did not obtain any prior permission for the Government to convert the land into prawn tanks. 4. Admittedly, the said land in Sy.No.34-1B is classified as Assessed Waste Dry and the said land is being used as public pathway. If that be so, I am of the opinion that the fifth respondent has no manner of right or authority to dig Bode in the said land for drawal of water into her prawn tanks that too without obtaining necessary prior permission. As the fifth respondent has not denied the aforesaid averments and more so, as the fourth respondent supported the allegations of the petitioners, I am of the opinion that the petitioners are entitled for the relief claimed in the writ petition. The writ petition is accordingly allowed. There shall be no order as to costs. ______________ V. ESWARAIAH, J August 12, 2008 DSK