THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15421 of 2002 October 05, 2009 Between: G.Subbaiah, S/o.G.Venkatamani And others …Petitioners and The District Collector, Chittoor District And others …Respondents. THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.15421 of 2002 ORDER: Petitioners, who are thirteen in number, are residents of Kajoor Gram Panchayat. They allegedly constructed houses four decades ago in the land comprised in survey No.169/1, 169/2 and 159, which is statedly classified as Village site poramboke. The houses were also assessed to Gram Panchayat tax and all the houses have electricity connections. It is the case of petitioners that Kajoor tank situated on western side of the Village became defunct and all ayacutdars converted the same into house sites. Petitioners contend that as per BSO 21 (para 4), occupation of all the Village site poramboke for the purpose of construction of houses is permissible. Nonetheless, on 17.8.2002, Revenue officials visited the Village and allegedly asked petitioners to vacate premises on the ground that the houses are constructed on tank bed. They therefore filed instant writ petition seeking a writ of Mandamus declaring action of respondents in evicting them from tank bed forcibly as illegal and arbitrary. The Mandal Revenue Officer – fourth respondent – filed counter affidavit opposing writ petition. It is stated that all the petitioners are wealthy persons and that they constructed permanent houses in Jadiam cheruvu poramboke in survey No.159 admeasuring Acs.56.04. The allegation that the tank became defunct is denied. While making reference to the decision of Supreme Court in Hinch Lal Tiwari v Kamala Devi[1], it is stated that claim of petitioners for regularization of occupation of tank bed land is to be denied. It is also stated that petitioners are to be evicted from the tank bed land and apprehending such eviction, they filed instant writ petition without any cause of action. Though the counter affidavit is filed on 10.11.2002, petitioners have not chosen to file reply affidavit denying counter averments. Therefore, the case of respondents stands proved, as it has not been traversed. Petitioners, it can be inferred, constructed houses in the tank bed land, and therefore, they have to be evicted. In that view of the matter, regularization of land, which is classified as tank bed, does not arise. Except observing that petitioners would be entitled for notice before they are evicted from occupation of tank bed land, no relief can be granted. The writ petition, subject to above observations, is accordingly dismissed. _____________ (V.V.S.RAO, J) October 05, 2009 YS [1] (2001) 6 SCC 496