THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10941 of 2008 Date: 27.01.2011 Between: K. Srinivasa Rao and others. … Petitioners and District Collector, Guntur District, Guntur and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10941 of 2008 ORDER : Heard Sri Ghanta Rama Rao, learned counsel appearing for the petitioners as well as the learned Government Pleader for Revenue appearing for respondent Nos.1 to 3 and also Sri T.S. Rayalu, learned counsel appearing for impleaded respondent Nos.4 to 33. Having regard to the consensus arrived at between the parties, the writ petition is being disposed of. 2. Seeking preservation and protection of the tank, known as Rajaka Cheruvu, situated in Sy.No.383 of Unnava Village, Edlapadu Mandal, Guntur District, the petitioners, who are residents of the said village, have filed this writ petition. 3. The facts, in brief, are that the tank is spread in an extent of Acs.10.90 cents in Sy.No.383 of Unnava Village, Edlapadu Mandal, and the water spread area is used by the washermen community. The tank has been included in the Prohibitory Order Book, therefore, the same is not meant for assignment for any purpose whatsoever. That being so, the 3rd respondent-Tahsildar, Edlapadu Mandal, issued possession certificates in respect of the tank bund area to respondent Nos.4 to 33 authorising them to construct houses. Inasmuch as the said possession certificates issued are illegal and the tank is not meant for any construction, the petitioners have filed this writ petition for the aforesaid relief. 4. The 1st respondent-District Collector, Guntur District, responding to the orders of this Court dated 16.11.2010 for personal appearance and explanation, has filed a counter affidavit. While admitting the status of the tank as a prohibited area earmarked for Dhobi Ghats, the 1st respondent has stated that by mistake an extent of Ac.1.05 cents was allotted to Rajakas for construction of houses under Indiramma Housing Programme by way of possession certificates, therefore, the Revenue Divisional Officer, Narasaraopet was directed to cancel the said possession certificates. Accordingly, the possession certificates issued to respondent Nos.4 to 33 were cancelled by orders of the Revenue Divisional Officer, Narasaraopet, in Rc.No.2278/2009/A, dated 21.10.2009 and consequently, the Tahsildar, Edlapadu Mandal also cancelled the possession certificates of the said individuals in proceedings Rc.No.95/2008-A, dated 3.11.2009. 5. During the course of hearing on 21.12.2010 in the presence of the District Collector, it was noticed that although the possession certificates were cancelled, such cancellation was made without issuing any notice to respondent Nos.4 to 33. Therefore, on the undertaking given by the District Collector that necessary disciplinary action would be initiated against the then Tahsildar for giving incorrect information that the cancellation was made only after issuing notices, the matter was adjourned for compliance report. 6. Pursuant to the said undertaking, the 1st respondent-District Collector has filed an additional affidavit stating that action has been initiated against the then Tahsildars viz., Sri S.Venkaiah and Sri K.Purrarao vide proceedings Rc.No.5078/2010/A4, dated 06.01.2011. 7. Be that as it may, having regard to the fact that the possession certificates are unsustainable in view of the fact that no assignment can be granted in respect of the tank bund land, the said possession certificates have been rightly cancelled. In view of the orders of cancellation, the grievance of the petitioners for protection of the tank without being allotted for any other purpose, including for construction of houses, has been redressed. 8. The only remnant of the grievance of the petitioners is that earlier as the tank bund was not protected and the same has been damaged, it requires reconstruction and consolidation so as to prevent flowing of water from the tank without being stored. In this regard, the learned Government Pleader for Revenue would submit that necessary action would be taken for restoration of the tank bund and storage of water. 9. The only point to be considered is that since the possession certificates granted in favour of respondent Nos.4 to 33 were cancelled without any notice, to what relief respondent Nos.4 to 33 are entitled to? 10. The 1st respondent-District Collector in his additional counter affidavit would submit that out of 35 persons, 11 individuals have already constructed houses under Indiramma Housing Programme sponsored by the State Government; 15 individuals are having own houses; one individual is found to be a non-resident of the village; and only 3 individuals are found to be eligible for grant of house sites. The learned Government Pleader would, therefore, undertake that insofar as 3 individuals are concerned, they would be provided house sites in Sy.No.21/B/1 of Vankayalapadu village, which is situated within 2 kms. distance from Unnava village of Edlapadu Mandal. Insofar as 16 individuals are concerned, the learned Government Pleader would represent that their cases also would be considered basing on the fresh representations being filed by them before the 1st resondent, subject to their eligibility, for which learned counsel for respondent Nos.4 to 33 would agree. 11. Having regard to the said submissions, the following order is passed: (a) Respondent Nos.1 to 3 shall reconstruct the tank bund and restore the water spread area as early as possible, preferably within a period of five months from the date of receipt of a copy of this order; (b) The above 3 identified persons shall be provided houses sites as undertaken by respondent Nos.1 to 3; (c) The other 16 persons shall file a fresh representation before the 1st respondent-District Collector, Guntur, showing their eligibility for providing house sites and on such representations, the 1st respondent shall consider the same and if the applicants are found eligible they shall be allotted alternative house sites. The said representation, as directed, shall be filed within a period of three weeks from the date of receipt of a copy of this order and the same shall be considered and disposed of within a period of eight weeks thereafter and communicate the orders thereon to the applicants. 12. Subject to above directions, the writ petition is disposed of. There shall be no order as to costs. _________________________ JUSTICE NOUSHAD ALI 27.01.2011. NOTE:- Issue C.C. in three days. (B/O) Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10941 of 2008 27.01.2011 (Msr)