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THE HON'BLE SRI JUSTICE A.V. SESHA SAI
&
THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA
W.P. (PIL) No.164 OF 2022
JUDGMENT:(per A.V. Sesha Sai, J)
Heard Sri Marri Venkata Ramana, learned counsel for the
petitioners and Sri B.S. Sivaji, learned Government Pleader for
Revenue for the respondents.
The petitioners herein claim to be residents of R. Mallavaram Village, Renigunta Mandal, Tirupati District. The grievance of the petitioners precisely in the present Writ Petition is the inaction on the part of the respondents in taking steps to remove the encroachments in the land situated in Sy.No.301/1 of R. Mallavaram Revenue Village, Renigunta Mandal, Tirupati District, which according to the petitioners is classified as "Government land/ Pond". In order to show the nature of the said property, an Adangal extract is filed along with Writ Petition as a material paper. It is stated in the affidavit filed in support of the Writ Petition that there is a pond in an extent of Ac.0.69 cents in the village, which is locally called as "Kasimi Inkudu Gunta". It is also stated that water in the said pond collected through rain is used for irrigating about Ac.60.00 2 cents of land and the water is also being used for drinking purpose of the cattle. It is also averred in the writ affidavit that for the purpose of road expansion, out of the total extent of Ac.0.69 cents of the pond, an extent of Ac.0.18 cents is closed. It is further stated that taking advantage of partial closure of pond for road extension, certain local people have encroached upon the remaining extent of pond/ Government land and raised temporary structures. It is also stated that due to said encroachments made in the tank, the water level in the village wells is getting depleted and the same is also effecting the source of irrigation of local Ryots. It is further stated that the petitioners along with other villagers submitted a representation to the respondent Nos.2,3 and 4 on 25.04.2002 and it is alleged by the petitioners that despite the same, no action has been taken by the respondent-authorities in the direction of removing the encroachments. It is also stated by the learned counsel that at the time of filing the said representation on 25.04.2022, certain people were attempting to encroach upon the subject property, but, now taking advantage of inaction on the part of the respondent-authorities, certain constructions have also been made.
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Having heard the learned counsel for the petitioners and learned Government Pleader for Revenue for respondents, this Court deems it appropriate to dispose of the Writ Petition, leaving it open for the petitioners to submit an appropriate representation, indicating the particulars of encroachments in the subject property, within a period of one week from the date of receipt of a copy of this order and thereafter, the respondents herein shall take appropriate action on the said representation, strictly in accordance with law, as expeditiously as possible, preferably within a period of one month from the date of submission of the said representation.
Accordingly, the Writ Petition is disposed of. No order as to costs.
Miscellaneous petitions, if any, pending in this case, shall stand closed.
__________________ A.V. SESHA SAI, J ____________________________ DUPPALA VENKATA RAMANA Date: 28.10.2022 Ks 4 THE HON'BLE SRI JUSTICE A.V. SESHA SAI & THE HON'BLE SRI JUSTICE DUPPALA VENKATA RAMANA W.P. (PIL) No.164 OF 2022 (per A.V. Sesha Sai, J) Date: 28.10.2022 Ks