HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5185 of 2008 Date : 12.08.2011 Between : A. Taranath & others. …..Petitioners And Government of Andhra Pradesh, rep. by its Principal Secretary, Revenue & others. …..Respondents HON'BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.5185 of 2008 ORDER : This writ petition is filed with the following prayer : “to issue any Writ, Order or direction, preferably a Writ in the nature of Mandamus, declaring the action of the Respondent Nos.1 to 4 in assigning the land covered by the tank, situate in Survey Nos.732/1 admeasuring Ac.4.00 cents and 732/2 admeasuring Ac.13.40 cents of Mulpuru Village, Amarthaluru Mandal, Guntur District in favour of Respondent Nos.5 to 9 or others as being illegal, arbitrary and hence violative of Articles 14 and 300-A of the Constitution of India as well as the Law laid down by the Apex Court in a judgment reported in 2006 III- 549 in thematter of Intellectuals Forum, Tirupathi Vs. State of A.P. and others, and consequently direct the Respondents Nos.1 to 4 not to assign the tank land covered by the said survey number to the respondent Nos.5 to 9 or anybody pending disposal of the writ petition.” It is the case of the petitioners that they are agriculturists and are residents of Mulpuru village of Amarthaluru Mandal in Guntur District. In the writ petition, it is their grievance that though the lands covered by Sy.Nos.732/1 and 732/2 are registered as tank poramboke lands, respondents are taking steps for assigning the said lands in favour of respondents 5 to 9. The Tahsildar, Amarthaluru Mandal has filed a detailed counter affidavit. In the counter, while referring to the circular instructions of the Commissioner of Land Revenue, dated 15.05.1988, issued in Circular Rc.No.4916/88/B5, it is stated that they are not taking any steps to assign the lands covered by the tank. However, it is also stated that the 1st petitioner has occupied the above said tank in the village and gave it on lease to third parties for fishing purpose. As much as it is the stand of the respondents that they are not taking any steps to assign the land covered by the tank, I deem it appropriate to dispose of the writ petition, placing on record such statement made by the respondents. However, it is made clear that if there are any encroachments by any of the petitioners on the aforesaid tank poramboke land, it is open for the respondents to take steps for removal of such encroachments, by following due procedure. Subject to the above observations, the writ petition is disposed of. No costs. ______________________ R. SUBHASH REDDY, J 12th August 2011 ajr