THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8704 OF 2010 DATED 30TH MARCH, 2011 BETWEEN Gantyada Kameswara Rao and another. …Petitioners and Govt. of A.P., Rep. by its Principal Secretary, Revenue Department, Secretariat, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.8704 OF 2010 ORDER: The grievance of the petitioners, residents of Chinamurapaka Village, Laveru Mandal, Srikakulam District, is that the respondent authorities are laying a road in the middle of Dabala Cheruvu situated in Survey No.137 of the Village. They seek a direction to the authorities to preserve the said tank as per the law laid down by the Supreme Court. The Executive Engineer, Panchayat Raj Department, Srikakulam, the fourth respondent, stated in his counter that the work of gravelling and metalling of the road from Thamada Gram Panchayat to Chinamurapaka Village was sanctioned under the NREGS Programme under proceedings of the District Collector, Srikakulam, in Rc.No.4314/09/B1 dated 06.03.2010. He further stated that this road was previously laid by the side of the Dabala tank during the year 2005-06 under the Food for Work (2nd spell) programme and that the present work being undertaken was only the upgradation of the existing road by gravelling/metalling it. He categorically stated that no new road was being formed on the tank bund or in the tank, as contended by the petitioners. He denied that a road was being laid in the middle of the said tank. Though Sri M.Viswanadham, learned counsel for the petitioners, disputes the contents of the above counter on facts, this Court cannot resolve the same in exercise of its extraordinary jurisdiction under Article 226 of the Constitution. The stand of the respondent authorities, as reflected in the above counter, that what is now being undertaken is only the upgradation of the existing road and that no new road is being laid in the tank is duly recorded. The Writ Petition is accordingly closed. No costs. ____________________ SANJAY KUMAR, J. 30TH MARCH, 2011. VGSR/PGS