IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE NINTH DAY OF NOVEMBER TWO THOUSAND AND TEN PRESENT HON’BLE SRI JUSTICE R. SUBHASH REDDY Writ Petition No.1332 of 2008 Between: Kurapati Subba Rao, S/o.Venkateswarlu, Age: 59 years, Occ:Cultivation, R/o.Epurupalem Village, Chirala Mandal, Prakasam District and others … Petitioners And The State of Andhra Pradesh, rep. by its Principal Secretary to Revenue Department, Secretariat, Saifabad, Hyderabad and others … Respondents Order: The petitioner seeks a Writ of Mandamus declaring the action of the respondents in not removing the encroachments and not protecting the natural spring water sources and passage poramboke covered by Sy.Nos.231 and 233 of Epurupalem village, Chirala Mandal, Prakasam District, as illegal and contrary to the provisions under Andhra Pradesh Land Encroachment Act, 1905 and Andhra Pradesh Panchayat Raj Act, 1994. The case of the petitioners, agriculturists, is that there are newly formed spring channels (sona poramboke) running through Sy.Nos.231 and 233 of Epurupalem village, Chirala Mandal, Prakasam District. It is their grievance that though they are cultivating their lands by using the water from the spring channels existing in the aforesaid survey numbers, some third parties have encroached upon the said channels and are trying to make constructions thereon. It is stated that though a representation dated 03-10-2006 has been made to the respondents, no action whatsoever has been taken to remove the encroachments. Hence, the present writ petition. The fourth respondent, Tahsildar, Chirala, Prakasam District, has filed counter-affidavit on behalf of the respondents. In the counter-affidavit, it is clearly stated that no land in Sy.Nos.231 and 233 is classified as spring poramboke and no spring is also existing on ground. It is stated that the lands of the petitioners are in Sy.Nos.227, 228 and 229 and these lands are abutting the lands in Sy.Nos.231 and 233, wherein house-site pattas were issued to landless poor in the year 1998 by leaving ways at several places for movement of pattadars to their patta lands. It is further stated that the house-site allottees have already constructed pakka houses and the Government has provided required amenities also. Reference is made to the personal inspection made along with the Mandal Surveyor, Revenue Inspector and Village Revenue Officer, Epurupalem, wherein it is found that no springs exist in Sy.Nos.231 and 233 as stated by the petitioners in the affidavit filed in support of the writ petition. Although it is the allegation of the petitioners that spring channels exist in the land in question and they are being depleted due to the encroachments being made by third parties, it is to be noted that the respondents, in the counter-affidavit, have specifically denied the allegation of the petitioners that there are spring channels in the land in question. No reply affidavit is filed by the petitioners controverting the said denial of the respondents in the counter-affidavit. Furthermore, it is stated in the counter- affidavit that in the lands abutting Sy.Nos.231 and 233 house-site pattas were issued to landless poor and they have constructed pakka houses therein. In the circumstances, it cannot be said that spring channels, in fact, exist in the land in question and they are being encroached upon, so as to issue any directions to remove the alleged encroachments. No relief, as sought, can be granted to the petitioners. The writ petition is accordingly dismissed. No order as to costs. ____________________ (R. SUBHASH REDDY, J) November 9, 2010 MRR