THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11900 of 2002 ORDER: The petitioners filed the present case seeking a declaration that the action of D. Kesavaram Gram Panchayat, D. Kesavaram, Mandapeta Mandal, East Godavari district, and its Sarpanch in restraining them from entering into their lands in Sy.No.213 of D. Kesavaram village without recourse to law was illegal and without jurisdiction. This Court, by interim order dated 17-07-2002, directed the Grampanchayat and the Sarpanch not to interfere with the petitioners’ possession and enjoyment over the subject land. The interim order was made absolute on 28-08-2002 dismissing the vacate stay application filed by the respondent- Gram panchayat. Thereafter, the officials of the Revenue Department, Irrigation Department and the Police were impleaded as respondents 3 to 7 in the writ petition. In the counter filed on behalf of the Revenue officials, the Mandal Revenue Officer, Mandapeta mandal, East Godavari district, stated that the petitioners had encroached over an extent of Ac.8-60 cents of land, in Sy.No.213 of D. Kesavaram Gram Panchayat, D. Kesavaram, Mandapeta Mandal, East Godavari district, which is classified in the records as an irrigation tank with an Ayacut of nearly 135 acres. He further stated that as the encroachment by the petitioners was highly objectionable and tank bed lands are not to be assigned, the petitioners were not granted assignment pattas. By virtue of the interim orders granted by this Court in the present writ petition, the petitioners are continuing in possession of the tank bend land. The petitioners did not choose to file a reply denying the above averments. That being so, it is clear that the petitioners, having obtained interim orders from this Court, are perpetuating their possession over the subject land without allowing the respondent authorities to take appropriate steps against them in accordance with law. As it is admitted by the Revenue officials that the petitioners are still in possession of the subject land, it would be necessary for them to take appropriate measures in accordance with law for resuming the possession of the tank bed land from the petitioners. Subject to the above observation, the writ petition is dismissed. The interim order dated 17-07-2002 shall stand vacated. There shall be no order as to costs. ____________________ SANJAY KUMAR, J February 11, 2011. Pn THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION No.11900 of 2002 February 11, 2011