IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE SIXTH DAY OF JANUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 5298 of 2008 Between: Rajakajana Sangam ( Regd. No. 346/99 ) Kaikaram Village, Unguturu Mandal, W.G. Dist. rep. by its President. ..... PETITIONER AND 1 The District Panchayat Officer, Eluru, West Godavari Dist. 2 The Divisional Panchayat Officer, Eluru, West Godavari Dist. 3 The Kaikaram Grampanchayat, Kaiakaram, Ungutura Mandal, West Godavari District, Rep. by its Secretary. 4 The Tahsildar, Ungutur Mandal, West Godavari 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 a writ of Mandamus or any other appropriate writ, order or direction declaring the action of the 3rd respondent in taking steps to divide the Seethayya Karra Tank situated in an extent of Ac. 8.00 cents in R.S.No. 137 of Kaikaram Village, Unguturu Mandal which is set apart to the petitioner Sangasham for washing clothes and in not taking steps to remove the unauthorized encroachments in the said land as illegal, arbitrary and unjust and consequently direct the respondents to keep the said tank intact without dividing by removing the unauthorized occupants. Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : O R D E R:- The case of the petitioner-Rajakajana Sangham is that its members are using the tank known as Seethayyakarra Tank in an extent of Ac.8.00 cents in S.No.137 situated in Kaikaram village, which was leased out to the petitioner-association and they are washing clothes and enjoying the fishing rights over it by accepting the upset price fixed by the 2nd respondent from time to time. While so, the bund of the tank was encroached by the some of the villagers by laying hayricks and keeping the animals, thereby causing inconvenience to the members of petitioner- association for drying the washed clothes, and that the 3rd respondent- Grampanchayat is trying to interfere with the enjoyment of the members of the petitioner-association over the tank in question and proposing to divide the tank into two parts. Then, the petitioner-association made a representation, dated 13.02.2008 to the 4th respondent-Tahsildar requesting him to conduct survey of the tank and remove the encroachments. Now, the grievance of the petitioner-association is that the 4th respondent has not considered its representation nor taken any steps to remove the unauthorized encroachments. Heard the learned counsel for the petitioner-association, the learned Government Pleader for Panchayat Raj appearing for respondent Nos.1, 2 and 4 and the learned Standing Counsel for Gram Panchayat appearing for the 3rd respondent. Since the representation dated 13.02.2008 said to have been filed by the petitioner-association is pending consideration before the 3rd respondent, the learned counsel for both the parities have agreed to the disposal of the writ petition with the following directions: “The 4th respondent-Tahsildar is directed to consider the representation dated 13.02.2008 said to have been made by the petitioner-association, and pass appropriate orders thereon, in accordance with law, expeditiously, and then take appropriate steps accordingly.” Accordingly, this writ petition is disposed of. No costs. ______________ N.V.RAMANA, J 1st June, 2009 bcj