THE HON’BLE SRI JUSTICE R.SUBHASH REDDY WRIT PETITION No.11637 of 2008 ORDER: This Writ Petition is filed with the following prayer: “For the reasons stated in the accompanying affidavit, this Hon’ble Court may be pleased to issue a Writ, order or direction more particularly in the nature of Mandamus or any other appropriate Writ declaring the action of the respondents in carrying out the digging of the Nalla cheruvu Tank of Tirupathampeta Village of Routhulapudi Mandal, East Godavari District without following the engineering guidelines causing damage to the petitioner’s land on to the western side of the Nallacheruvu Tank in Survey No.97 of Tirupathammapeta Village of Routhulapudi Mandal, East Godavari district as illegal, arbitrary and against the settled principles of law and in violation of the Art. 300-A of Constitution of India and consequently direct the respondents: a) to cause survey and fix the boundary of the Nallacheruvu Tank on the western side of the tank abutting to the petitioner’s land in Survey No.97 of Tirupathammapeta Village, Routhulapudi Mandal, East Godavari District b) to follow the engineering guidelines in digging the Nallacheruvu Tank protecting the petitioner’s land abutting to the tank on the western side of the tank in Survey No.97 of Tirupathammapeta Village, Routhulapudi Mandal, East Godavari District.” It is the case of the petitioner that he is the owner and possessor of agricultural land admeasuring Acs.8.20 cents covered by Survey No.97 of Thirupatammapeta Village, Routhulapudi Mandal, East Godavari District. As stated in the affidavit filed in support of the Writ Petition, it is his grievance that abutting his land, there is an irrigation tank, by name, Nalla Cheruvu and under the guise of repairs to the said tank, the respondents are interfering with his land. On 02.06.2008, while admitting the Writ Petition, this Court directed the respondents not to interfere with the land of the petitioner to an extent of Acs.8.20 cents covered by Survey No.97 of Thirupatammapeta Village, Routhulapudi Mandal, East Godavari District. The said interim order continued all along. Though the Writ Petition is of 2008, no counter-affidavit is filed. It is the case of the petitioner that as the subject land is a patta land, he cannot be deprived of from any portion of his land as otherwise than due process of law and under the guise of repairs to the aforesaid tank, the respondents cannot interfere with his possession over the land in question or dig any part of his land. In view of above and in the absence of filing counter-affidavit by the respondents, I deem it appropriate to direct the respondents not to dig the land of the petitioner or dump any soil on his land, which is covered Survey No.97 of Thirupatammapeta Village, Routhulapudi Mandal, East Godavari District. However, it is made clear that this will not preclude the respondents to make repairs to the tank, which is situated adjoining the land of the petitioner. Subject to the above, the Writ Petition is disposed of. No order as to costs. ______________________ R.SUBHASH REDDY, J 8th JULY, 2011. kvni