IN THE HIGH COURT OF JUDICATURE OF ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE TENTH DAY OF JUNE TWO THOUSAND AND TEN :PRESENT: THE HON'BLE SRI JUSTICE NOOTY RAMAMOHANA RAO WRIT PETITION NO : 21351 of 2002 Between: Dwarampudi Savitri @ Savitramma, W/o. Venkata Reddy, ..... Petitioner AND 1 The District Collector, Eluru, West Godavari District. 2 Revenue Divisional Officer, Eluru, West Godavari District. 3 Mandal Revenue Officer, Pentapadu Mandal, West Godavari District. 4 Assistant Engineer, Department of Irrigation, Pentapadu Village & Mandal, W.G.District. 5 Kovvuri Gangi Reddy, S/o. Sai Reddy, Ward No.2, Pentapadu Village & Mandal, W.G.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 may 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 for not taking action against the 5th Respondent for causing obstruction to the petitioner's possession and enjoyment of the tank in R.S.No.22 (Private Tank) Akuteegapadu Village, Pentapadu Mandal, West Godavari District, inspite of the order of the 3rd Respondent in R.O.C.No. 6/2002(B) dated 18- 10-2002 as bad, arbitrary, and contrary to all cannons of Law apart from right to property and consequently direct the Respondents 4 and 5 not to interfere with the petitioner peaceful possession and enjoyment of the Land/Tank in R.S.No.22 Akuteegapadu Village, W.G.District; The petition coming on for hearing, upon perusing the petition and the affidavit filed herein and the order of the High Court dated 28-10- 2002 made in WPMP. No. 26723 of 2002, M/s. M. Vidyavathi, the petitioner’s counsel is not present, and upon hearing the arguments of the Govt. Pleader for Revenue for the respondents 1 to 3, and of the Asst. Govt. Pleader for Irrigation for the respondent No.4, the Court made the following: ORDER: None appears for the petitioner. The 5th respondent in this writ petition was represented by Sri J.Venugopala Rao, Advocate. It is pointed out that Sri J.Venugopala Rao is no more. Registry is therefore directed to send notice to the 5th respondent returnable in three weeks so as to enable the 5th respondent to contest the matter. Heard the learned AGP for Irrigation who points out that the tank about which the writ petitioner has complained is a private tank and not an Irrigation tank. In view of the statement, the 5th respondent has to establish as to how the tank is an Irrigation tank. Post for further consideration after 3 weeks. Sd/-G.VENKATESWARA RAO ASSISTANT REGISTRAR // TRUE COPY // for ASSISTANT REGISTRAR To 1 The District Collector, Eluru, West Godavari District. 2 The Revenue Divisional Officer, Eluru, West Godavari District. 3 The Mandal Revenue Officer, Pentapadu Mandal, West Godavari District. 4 The Assistant Engineer, Department of Irrigation, Pentapadu Village & Mandal, W.G.District. 5 Kovvuri Gangi Reddy, S/o. Sai Reddy, Ward No.2, Pentapadu Village & Mandal, W.G.District. 6. The Section Officer, Writ Filing Section, High court of A.P.Hyderabad. 7. 2 CCs to the G.P.for Revenue, High court of A.P.Hyd. (O.UT) 8. 2 CCs to the G.P.for Irrigation, High court of A.P.Hyd. (O.UT) 9. One C.C.to M/s. M.Vidyavathi Advocate. (OPUC) 10. one spare copy. HIGH COURT NRR.J DATED 10-06-2010 POST FOR FURTHER CONSIDERATION FOR 3 WEEKS. ORDER W.P.NO. 21351 OF 2002 DIRECTION Bsr Dt. 14-6-2010 HIGH COURT NRR.J DATED 10-06-2010 POST FOR FURTHER CONSIDERATION FOR 3 WEEKS. ORDER W.P.NO. 21351 OF 2002 DIRECTION