THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9952 of 2010 28.04.2010 Between: Pallabothula Appa Rao Memorial Trust Rep.by its Chairman Pallabothula Srinivasa Rao … Petitioner And The District Collector, Guntur District, Guntur And others. ... Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.9952 of 2010 ORDER: Pallabothula Appa Rao Memorial Trust (the Trust, for brevity) is statedly philanthropic organization aiming to improve quality of life in rural areas. The Trust entered into an agreement on 23.03.2010 with Khaja Gram Panchayat – fourth respondent herein; for making safe drinking water and supplying to villagers of Khaja at Rs.0.20 paise per litre. In their attempt to implement the scheme, the petitioner dug borewell in survey No.344 and started construction of plant in a piece of land admeasuring 50 feet x 60 feet (Acs.0.06 cents) in the said survey number. On 23.03.2010, third respondent visited the plant under construction and directed not to proceed with the construction. Petitioner states that the Gram Panchayat also went back on the obligation and supported third respondent. Therefore, present writ petition is filed seeking appropriate direction and restraint order against respondents from setting up the plant. At the stage of admission itself, the Assistant Government Pleader for Revenue (AA) and standing counsel for Gram Panchayat obtained instructions. The instructions in writing sent by Tahsildar, Mangalagiri to Government Pleader for Revenue read as under. Survey Number 344 of Kaza Village is Ac.33.46 is a tank poramboke at Kaza village and adjoining the village. The Object of the Government is that all the tanks should be maintained for storage of surface water so as to recharge ground waters through percolation. The Government have also issued instructions that such of the tanks, which are silted, should be de-silted and the original status of the tank should be restored so as to store rain water to maintain ecological balances. The Government further directed that no inch of tank bed lands should be converted and assigned on the plea that they are silted up and not capable of retaining rain water. The Government have also directed that any encroachments on the tank bed lands should be evicted and tanks should be free of encroachments so as to take up a massive drive for de-silting of the same. These instructions are issued in pursuance of the Orders of Hon’ble Supreme Court of India. Therefore, the tanks are prohibited from encroachments. The petitioner’s counsel does not seriously dispute that the land in survey No.344 is tank. He also does not dispute that the borewell was dug and the plant is being erected in the tank bed. Therefore, this Court does not find any grave illegality in the action of respondents in preventing petitioner. This order does not preclude the petitioner Trust to establish purified drinking water plant at any other place other than the land in survey No.344, which is admittedly a tank bed land. As the petitioner has an agreement with the Gram Panchayat for making safe drinking water for supply to the villagers, it is open to the petitioner to approach the Gram Panchayat for allotment of alternative land. In this writ petition, no relief can be granted. The writ petition is accordingly dismissed. _______________ (V.V.S. RAO, J) 28.04.2010 pln