IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) SATURDAY, THE EIGHTEENTH DAY OF APRIL TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE RAMESH RANGANATHAN WRIT PETITION NO : 19446 of 2001 Between: 1 Buddaraju Venkata Narasimha Raju, S/o. Venkataraju, Hindu, R/o. Singarampalem Village, Gandepalli Mandal, East Godavari District. 2 Datla Satyanarayana Raju, S/o. Suraparaju, Hindu, R/o. Singarampalem Village, Gandepalli Mandal, East Godavari District. 3 Nekkala Ramulu, S/o. Chittayya, Hindu, R/o. Singarampalem Village, Gandepalli Mandal, East Godavari District. 4 Badireddi Demudu, S/o. Simhachalam, Hindu, R/o. Singarampalem Village, Gandepalli Mandal, East Godavari District. ..... PETITIONERS AND 1 The Collector, Kakinada, East Godavari District. 2 Revenue Divisional Officer, Peddapuram Mandal, East Godavari District. 3 Mandal Revenue Officer, Gandepalli Mandal, East Godavari District. .....RESPONDENTS 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 issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in trying to destroy the hillocks viz., Mandakonda and Vurakonda situated in S.Ns.35 and 174 of an extent of Ac.200-00 cts., and Ac.535- 99 cts., repectively at Singarampalem Village, Gandepalli Mandal, East Godavai District and in seeking to assign the lands to third parties as illegal, null and void and for a consequential order directing the respondents to drop all further action in this behalf and not to interfere with the hillocks mentioned above and to pass Counsel for the Petitioner:MR.M.V.SURESH Counsel for the Respondent No.: GP FOR REVENUE The Court made the following : THE HON’BLE SRI JUSTICE RAMESH RANGANATHAN Writ Petition No. 19446 of 2001 Order: The grievance of the petitioners in this writ petition is that the respondents are trying to destroy the hillocks i.e., Mandakonda and Vurakonda, situated in Survey Nos.35 and 174 of an extent of Ac.200-00 cents and Ac.535-99 cents respectively in Singarampalem village, Gandepalli Mandal, East Godavari District, and they are seeking to assign the lands to third parties. The petitioners seek to have such action declared as illegal, null and void and consequently to direct the respondents to drop all further action in this regard and not to interfere with the hillocks in question. In the counter affidavit filed by the third respondent it is admitted that such hillocks were required for environmental purpose and maintenance of ecological balance apart from the tree growth for good atmosphere as well as a source of water to various tanks situated in the village, that the petitioners have a right to draw water from the above tanks for cultivation of their lands and it is the duty of the Government to protect every tank under Neeru Meeru programme, which is main source of irrigation for the Ayacutdars. The respondents would deny the allegations that they were seeking to destroy the hillocks i.e., Mandakonda and Vurakonda or that pattas have been issued to the encroachers. They would also deny the petitioners allegation that they were seeking to change the physical features of the lands in question. Since it is evident from the counter affidavit that the petitioners’ apprehension is without substance and that the respondents are neither interfered with the hillocks in question nor are pattas being assigned in favour of encroachers on these hillocks, no further orders need be passed in this writ petition. The writ petition is, accordingly, dismissed. However, in the circumstances, without costs. __________________________ RAMESH RANGANATHAN, J. Date: 18.04.2009 Nsr