THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13724 of 2002 DATED:08.09.2009 Between: K.Raghava Reddy .. Petitioner And The District Collector, Mahaboobnagar District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.13724 of 2002 ORDER: The petitioner is resident of Khanapur village of Bijinepalle Mandal, Mahaboobnagar District. He filed instant Writ Petition seeking a direction to respondents 1 to 3 for reconstruction of the tank bund removed by fourth respondent. The case of the petitioner in brief is as follows. The petitioner’s land admeasuring Acs.20.00 comprising under various survey numbers is under the Ayacut of Bhoganoni Kunta. He alleges that fourth respondent removed the bund of the tank on 26.05.2002 with the help of a proclainer to a distance of 150 feet. The petitioner then gave complaint to respondents on 28.05.2002, 12.06.2002 and 12.07.2002, in vain. Therefore, he filed the instant Writ Petition. The third respondent filed counter affidavit on behalf of the respondents. In paragraph No.4 thereof, it is stated as follows. The respondent No.4 herein directed his servant to remove the Jungle Bubble trees existing on the bund in question but his servant was removed the Tank Bund with measurement of 100’ length 2’ depth and 8’ width innocently to safeguard the lands of his master. In response to the complaint made by the petitioner herein on 28.05.2002 the matter has been got enquired and called the respondent No.4 herein by the respondent No.3 immediately. The respondent No.4 has stated that he was directed his servant namely Damodar, son of Laxmaiah to uproof the Jungle Bubble trees present on tank bund. Unfortunately, the servant of respondent No.4 has removed the tank bund in question with measurement of 100’ length, 2’ depth and 8’ width innocently. The respondent No.4 has further stated that he has given assurance to the villagers that the Bund in question will be re-installed “as it where is”. On 05.06.2002 Sri Venkat Reddy, son of Ram Reddy, respondent No.4 has kept his promise and tank bund of said kunta is re-laid with his own cost. The technical opinion from the authorities concerned is called for by the respondent No.3 herein about the durability of the work done by the respondent No.4 herein and it is awaited. Soon after, receipt of the technical opinion further action will be initiated, if it is felt necessary. Further, it is a fact that the petitioner has filed complaints on 12.06.2002 and 12.07.2002. It is denied that the respondents herein not taken any action against the respondent No.4. The respondent No.3 herein has called for the technical opinion about the durability of the re-laid bund from the authorities concerned and it is awaited. As soon as the technical report is received about the durability of the re-laid bund, necessary action will be taken against respondent No.4 as per Rules, subject to felt necessary. The petitioner has not filed any reply affidavit denying the counter averments. Therefore, it stands proved that the respondents might have taken immediate necessary action also, as regards, the bund in question. The Writ Petition is misconceived and accordingly dismissed. There shall be no order as to costs. ______________ (V.V.S. RAO, J) 08.09.2009 KH