THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1555 of 2010 21.04.2010 Between: V.Chandra Sekhar Naidu and others. ….Petitioners AND The Government of Andhra Pradesh, Rep.by its Principal Secretary (Revenue), Secretariat, Hyderabad and others. …Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.1555 OF 2010 ORDER: The five petitioners are residents of Kotha Cherlopalle Village of Tirupathi Rural Mandal in Chittoor District. Statedly, they are agriculturists owning different extents of lands. It is their case that Peruru tank in survey No.546 in Tirupathi with a water spread area of 320 acres is a source of Ayacut for more than thousand acres situated in Cherlopalle, Kotha Cherlopalle, Pathakalva, Thummalagunta and Peruru Villages. The supply channel, Varadhi Vanka, from the said Peruru tank passes through survey numbers 189, 190, 194, 216, 226, 245 and 259. The petitioners allege that respondents are taking steps to close the Varadhi Vanka to the detriment of petitioners, and therefore they filed the instant writ petition seeking a writ of Mandamus restraining respondents from closing Varadhi Vanka passing in the survey numbers mentioned hereinabove. This Court admitted the writ petition and passed orders of status quo on 01.02.2010 for a period of six weeks. When the matter was listed for extension of interim orders, learned Assistant Government Pleader obtained instructions. On oral instructions, he submitted that the respondents are not closing the irrigation channel. Today, when the matter is called, he obtained written instructions received from Tahsildar, Tirupathi (Rural) Mandal. A copy of the same is placed before this Court. A perusal of the same would show that the survey Nos.190 and 194 are classified as Vagu Poramboke and it is a supply channel to Peruru tank, that during the year 1994, hundred house site pattas have been issued in survey No.160/8 to an extent of Acs.10.32 cents in Cheropalle Village, which is classified as Cheruvuthattu Poramboke and 40 beneficiaries have constructed houses and the remaining beneficiaries dug pits for construction of houses, that the said beneficiaries are using survey Nos.190 and 194 as road to reach their houses, and that on representations of the villagers that the said survey numbers were encroached by the adjacent pattadars, survey work has been taken up for demarcating the encroached area to remove the encroachments and to restore the Vagu Poramboke as it is a supply channel to Peruru tank. It also reveals that the respondents are not trying to take any steps to alter the nature of the said Varadhi Vanka. In view of the categorical statement made by Assistant Government Pleader for Revenue (Andhra Area) that no steps are being taken to close Varadhi Vanka, which is a supply channel to Peruru tank, the writ petition is disposed of observing that the respondents shall take necessary steps to remove the encroachments, if any, in the said channel. There shall be no order as to costs. _______________ (V.V.S.RAO, J) 21.04.2010 Pln Note: Issue CC by 28.04.2010. (By order) pln