THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12038 OF 2002 DATED:14.06.2010 Between: Velegatla Mangadevi and others .. Petitioners And The District Collector, Kakinada, East Godavari District and others .. Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION No.12038 of 2002 ORDER: The petitioners, who are 15 in number, filed the instant Writ Petition seeking a writ of Mandamus declaring the alleged action of the respondents in trying to demolish their houses situated in the land comprised in Survey Nos.4 and 4A of Bobbarlanka Village, Atreyapuram Mandal in East Godavari District, as illegal and arbitrary. They also seek a consequential injunction to the respondents. The case of the petitioners is that for about four decades, they along with five members constructed houses and residing in the said houses. They further alleged that they were granted house site pattas during 1995-1996 and all of them are eking out livelihood by taking up daily coolie work. On 30.06.2002, the revenue officials allegedly tried to demolish the houses ignoring the proof produced by the petitioners with regard to their long standing possession. Therefore, they filed the instant Writ Petition. The Tahsildar, Atreyapuram, filed counter affidavit stating that all the petitioners were not granted any pattas, that they encroached the open land classified in the revenue records as ‘Bank Canal’ and that their encroachments are causing obstruction on the roadways of Sir Arthur Cotton Barrage. For ready reference, the averments of the counter affidavit are extracted herein below. It is submitted that Bobbarlanka is hamlet of Revenue Village of Peravaram. The land in question in Sy.No.4 is classified in village accounts “Bank Canal’ covering an extent of Acs.73.57 cents, the writ petitioners in the instant case are the residents of Bobbarlanka, H/o. Peravaram Village. The writ petitioners have represented that they were granted house site pattas during the year 1995-96 in Sy.No.4 of Bobbarlanka Village and as a result they have constructed houses and have been residing in the said village past over 40 years. They represented that they have been residing in the said village past over 40 years. They represented that they were granted house site pattas during the year 1995-96 in Sy.No.4 of Bobbarlanka village and as a result they have constructed houses and have been residing. The Assistant Engineer, Head Works, Dowleswaram in Letter No.F/99/2000/16A dated 18.01.2000 addressed to the then Mandal Revenue Officer, Atreyapuram to take action for eviction of encroachments in the village of Bobbarlanka, existing the Government site along with the Road ways of Sir Arthur Cotton Barrage and in the premises of Lock Lascar quarters as the encroachers are obstructing the road traffic and the vision of the Barrage. In reply to para-2 of the petitioners’ affidavit, it is submitted that the land in question in the said village of Bobbarlanka is classified in the Village accounts as “Bank Canal” in Sy.No.4. There are encroachments in the said Survey Number “4” by way of House etc., the contention of the writ petitioners as they were granted house site pattas is not correct. There are no records. In reply to para-4 of the petitioners’ affidavit, it is submitted that as per the instructions of the Superior Officers, the Department consisting of Revenue and Irrigation formed as a Task Force and have initiated for eviction of encroachments in Bobbarlanka village in Sy.No.4. On 15.07.2002 the then Mandal Revenue Officer, with the task force have removed certain encroachments in the embarkment of Sir Arthur Cotton Barrage, except the encroachments covered by the writ petition. As thus the houses to the writ petitioners were not demolished from the encroachments (Government Land). The petitioners have not filed any reply affidavit denying the counter averments. The counter averments therefore remain uncontroverted and taken as admitted facts. As the petitioners houses were not demolished nor they were evicted, the Writ Petition is disposed of, observing that if the petitioners encroachment is obstructing the use of the Bank Canal and the road ways of Sir Arthur Cotton Barrage and the premises of Lock Lascar quarters, the Tahsildar and the officials of Irrigation Department may take necessary action after issuing notice to all the petitioners. Till such action is taken, the petitioners’ occupation may not be disturbed. The Writ Petition, with the above observation, is disposed of. No order as to costs. ______________ (V.V.S. RAO, J) 14.06.2010 KH