THE HON’BLE SRI JUSTICE N.V. RAMANA W.P. No. 17849 of 2009 Oral order: The petitioner claims that his ancestors were assigned the sites in question, situated adjoining the Sangam Cheruvu in Komarada village, vide Assignment Nos. 265 and 261, and that they lived in the said sites by raising thatched houses. That thereafter, the petitioner constructed houses, and that respondent No.1-Gram Panchayat had assigned Door Nos. 3-72 and 3-73 and also collecting tax from him. Now it is his grievance that the respondents without following the due process of law are trying to evict him from the land in question. Hence, the petitioner seeks appropriate directions. This Court on 02.09.2009 while ordering notice before admission, granted status quo order. Respondent No.1 filed counter stating that the petitioner has encroached the tank bed land and is residing therein by raising thatched house, and that respondent No.1-Gram Panchayat intends to undertake repairs to the tank with the funds sanctioned by the Government. This apart, it is stated that if dwelling houses are permitted in and around the tank, the tank would get polluted by reason of release of drain water. Hence, to arrest pollution of the tank and to undertake repairs, respondent No.1-Gram Panchayat, sought to evict the petitioner, and provide him a house site under the Indiramma Programme. Heard the learned counsel for the petitioner and the learned Standing Counsel for respondent Nos. 1 and 2-Gram Panchayat. Admittedly, the petitioner is said to have encroached tank bed land and erected a thatched house. The petitioner has no right to the said property. His enjoyment of the property in question, is only by way of encroachment. As dwelling houses, causes pollution of the tank by discharge of drain water, respondent No.1-Gram Panchayat, with a view to protect the tank from pollution and to effect repairs with the funds sanctioned by the Government, sought to evict the petitioner from the property in question, and no exception can be taken thereto, particularly when respondent No.1-Gram Panchayat, has a duty to protect the tanks falling within its jurisdiction. At any rate, since respondent No.1-Gram Panchayat has assured that they would provide a house site to the petitioner under the Indiramma Programme, his interest stands protect. Hence, the petitioner shall vacate the house site in question, to enable respondent No.1-Government to effect repairs to the tank, and take the house site that may be provided by respondent No.1-Gram Panchayat under the Indiramma Programme. Accordingly, the writ petition is disposed of. No costs. ________________ N.V. RAMANA, J. Dated: 02nd June, 2010. KSR