THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.5709 OF 2008 ORDER: The petitioner filed the writ petition to direct the respondents to alienate the land in an extent of Ac.0-82 cents situated in Boddavalasa village, Denkada Mandal, Vizianagaram District, on market value to the petitioner as recommended by the 2nd respondent vide letter No.B-3/2573/2002, dated 21.03.2003 to the 1st respondent by nullifying the endorsement vide D.Dis.No.195/98, dated 04.09.2003 and also Letter No.620/04/A, dated 27.06.2005 of the 4th respondent as arbitrary and illegal. 2. Heard Dr.P.B.Vijaya Kumar, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for the respondents. 3. The case of the petitioner is that she has been in possession and enjoyment of the land in an extent of Ac.0.82 cents in Boddavalasa village by raising a small poultry farm and certain fruit bearing trees by clearing the jungle. She approached the Revenue authorities for alienation of the said land. The Revenue Divisional Officer and Joint Collector of Vizianagaram, after personal inspection, recommended for alienation to the 2nd respondent on 1.11.2002, who in turn approached the 1st respondent by letter No.B-3/2573/2002, dated 21.3.2003 and the same was turned down as per the endorsement D.Dis.No.195/98, dated 04.09.2003. The petitioner also made a representation to the 1st respondent on 17.12.2004 and the same was rejected as per endorsement vide Lr.No.620/04/A, dated 27.6.2005 of the 4th respondent. Again, she 2 made another representation dated 10.11.2005 and the same is still pending. 4. The 4th respondent, Tahsildar filed counter stating that an extent of Ac.0-82 cents in Survey No.1/3 of Boddavalasa village of Denkada Mandal was given to the petitioner on lease in the year 1985 for running a poultry farm for the period from Fasli 1398 to 1400 and she has been in physical possession and enjoyment of the said land. The said land is classified as “Government Poramboke” in revenue records, which is known as Jagannadha Banda. She submitted an application for regularization of the land. The Gram Panchayat gave its consent for alienation of the land in favour of the petitioner on payment of market value. More so, the Revenue Divisional Officer, Vizianagaram also recommended for alienation of the land on payment of market value @ Rs.43,000/- per acre and also independently recommended alienation of the house site @ Rs.60/- per square yard. The proposal was sent to the Chief Commissioner of Land Administration, Andhra Pradesh, Hyderabad, but the Government in its Memo No.16684/ASN.1(4)/2003-1, dated 18.06.2003 rejected the proposal on the ground that as a matter of policy, alienation of the Government land earmarked for tank bed even though abandoned shall not be entertained. Accordingly, the proposal for alienation of the land of the petitioner was rejected. 5. It is to be noted here that the Supreme Court time and again in a catena of decisions held that the respondent authorities are under the statutory obligation to protect the Tank bed lands from all sorts of encroachments even though they dried up. 3 6. In the facts and circumstances of the case and considering the submissions of both the learned counsel, this Court is of the considered view that as the land in an extent of Ac.0-82 cents in Survey No.1/3 of Boddavalasa village of Denkada Mandal, is a part of the Tank bed land, it has to be protected from all sorts of encroachments, even though available for alienation. 7. Having regard to the above finding, since the Tank bed lands are to be protected, this Court is not inclined to entertain the writ petition. Accordingly, the writ petition is devoid of merits and the same is liable to be dismissed. 8. The writ petition is dismissed. No costs. As a sequel, miscellaneous petitions pending, if any, in the writ petition shall also stand dismissed. ______________________ SRI M.GANGA RAO, J Dated : 30.12.2019 rpd. 4 129 THE HONOURABLE SRI JUSTICE M.GANGA RAO WRIT PETITION No.5709 OF 2010 Dated : 30.12.2019 rpd