IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY SIXTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 12493 of 2009 Between: 1 Devareddy Babu Reddy, s/o. Kasthuri Reddy, R/o. Thimmareddy Vagu, Chittamuru Mandal, S.P.S.R. Nellore District. 2 Duvvuru Venkata Subba Reddy, s/o. Kasthuri Reddy, R/o. Thimmareddy Vagu, Chittamuru Mandal, S.P.S.R. Nellore District. 3 Meraga Seenaiah, s/o. Kasthuraiah, R/o. Pellakuru Village, Chittamuru Mandal, S.P.S.R. Nellore District. ..... PETITIONER(S) AND 1 The State of Andhra Pradesh, Rep by District Collector, Nellore, S.P.S.R. Nellore District. 2 The Revenue Divisional Officer, Gudur, S.P.S.R. Nellore District. 3 The Tahsildar, Chittamuru Mandal, S.P.S.R. Nellore District. 4 Kamireddy Kasthuri Reddy, s/o. Jayarami Reddy, R/o. Thimmareddy Vagu, Chittamuru Mandal, S.P.S.R. Nellore District. 5 Devareddy, Chandra Sekhara Reddy, S/o. Bala Krishna Reddy, R/o. Thimmareddy Vagu, Chittamuru Mandal, S.P.S.R. Nellore District. 6 Meraga Venakta Krishnaiah, S/o. Kasthuraiah, R/o. Pellakuru, Chittamuru Mandal, S.P.S.R. Nellore District. 7 Ramisetti Kasturaiah, s/o. Penchalaiah, R/o. Pellakuru, Chittamuru Mandal, S.P.S.R. Nellore District. 8 Pasupuleti Kasturaiah, S/o. Krishanaiah, R/o. Pellakuru, Chittamuru Mandal, S.P.S.R. Nellore District. 9 Abaka Kasthuri Reddy, S/o. Ramakrishna Reddy, R/o. Pellakuru, Chittamuru Mandal, S.P.S.R. Nellore District. 10 Ramisetti Chandraiah, S/o. Penchalaiah, R/o. Pellakuru, Chittamuru Mandal, S.P.S.R. Nellore District. .....RESPONDENT(S) Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to to issue an appropriate writ or order or direction more particularly one in the nature of Writ of Mandamus declaring the inaction of the respondets 1 to 3 to evict the respondents 4 to 9 from Ac. 1-00, Ac. 0-15 cents, 0-20 cents, 0-20 cents, and Ac. 3-00 comprised in Sy.No. 86, situated in Settygunta Tank at Timma Reddy Vagu Village, and to remove 5 bore wells, 2 bore wells, and 1 bore well in the encroached portion of the tank by respondents 4, 5 despite the proceedings U/sec. 145 of Cr.P.C. as illegal, arbitrary and unjust and in violation of Article 14, 21 of the constitution of India and provisions of the Board Standing order and AP WLT Act 2002 and AP Revenue Laws and to declaring the inaction of the respondents 1 to 3 to remove the encroachments and Bore Wells in an extent of Ac. 0-10 cents in Sy.No. 71 in Supply channel situated at Pellakur of Chittamuru Mandal to Settygunta tank made by 10th respondent as illegal, arbitrary and unjust and consequently to direct the respondents 1 to 3 to remove gthe said encroachment and pass Counsel for the Petitioner:MR.M.VENKATA NARAYANA Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HONOURABLE SRI JUSTICE GODA RAGHURAM W.P.NO.12493 OF 2008 ORAL ORDER The learned counsel for the petitioners seeks permission of this court to withdraw the writ petition with liberty to pursue appropriate alternative remedies before the civil court of competent jurisdiction. Accordingly the writ petition is dismissed as withdrawn with liberty granted as sought. No costs _________________ GODA RAGHURAM,J 26th JUNE 2009 *TSNR