HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.24814 of 2008 Date: 29-8-2011 Between R.Mohana Reddy and another … Petitioners and The District Collector, Medak district at Sanga Reddy and 3 others … Respondents HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.24814 of 2008 Order: This writ petition is filed seeking a direction by way of mandamus to declare the action of the respondents 1 to 3 in not taking action against the 4th respondent to restrain him from dismantling the tank bund of Ayyappa Cheruvu situated in Nawabpet village of Shivampet Mandal in Medak district, as arbitrary and illegal. 2. It is the case of the petitioners that they own certain lands, which are being irrigated by local tank, by name Ayyappa Cheruvu, which is covered by Survey Nos.302, 303, 304 and 305. It is stated in the Affidavit that about 80 to 100 acres of land is under irrigation of the aforesaid tank. It is further stated that the tank bund of the village was strengthened by sramadanam of the villagers. Inspite of the same, the 4th respondent is taking steps for removing the bund of the aforesaid tank under the guise of levelling his land and inspite of a representation filed by the petitioners, no steps are being taken by the respondents 1 to 3. 3. A Counter-Affidavit is filed by the respondents 1 to 3. In the counter filed on behalf of the respondents 1 to 3 while denying various allegations of the petitioners, it is categorically stated that the 4th respondent was granted permission on 14-8-2008 in Proceedings No.D/1589/2008 for levelling work in his patta land but he is not taking any steps for removing the bund, as alleged. 4. Similarly, a Counter-Affidavit is also filed by the 4th respondent denying allegations of the petitioners for dismantling the tank bund as alleged. Further, a reference is also made to a suit filed by the 4th respondent against the 2nd petitioner in O.S.No.38 of 2008 and temporary injunction was granted in his favour. 5. When the matter was heard on the last occasion i.e. on 19-8- 2011, it was adjourned to enable the learned Assistant Government Pleader to place on record a copy of the Proceedings No.D/1589/2008 dated 14-8-2008. 6. A perusal of the proceedings issued by the 2nd respondent- Revenue Divisional Officer (RDO), Medak, Medak district indicate that on the application filed by the 4th respondent, after making inspection permission was granted to the 4th respondent to level his patta land covered by Survey No.544 admeasuring Ac.4-20 gts. In view of the permission granted by the 2nd respondent, which is not under challenge in the writ petition, it cannot be said that the 4th respondent is dismantling the tank bund of Ayyappa Cheruvu. 7. As much as the 2nd respondent-RDO granted permission to the 4th respondent only with regard to level his patta land covered by Survey No.544 admeasuring Ac.4-20 gts., I deem it appropriate to dispose of the writ petition with a direction to the respondents 1 to 3 to see that under the guise of the proceedings dated 14-8-2008 in Proceedings No.D/1589/2008, no damage shall be done to the tank bund of Ayyappa Cheruvu of Nawabpet village. However, the 4th respondent be allowed to fill up his own patta land without damaging the bund of the tank or irrigation source of the ayacutdars. 8. Subject to the above directions, the writ petition is disposed of. In consequence, the order of status quo granted on 13-11-2008 in W.P.M.P.No.32400 of 2008 shall stand vacated. No costs. _______________________ R.SUBHASH REDDY, J. 29th August, 2011. Ak HON’BLE SRI JUSTICE R.SUBHASH REDDY Writ Petition No.24814 of 2008 29th August, 2011. (Ak)