Andhra Pradesh High Court - Amravati
Chelikani Venkata Srinivasa Rao vs The State Of Ap on 31 March, 2021
Bench: Cheekati Manavendranath Roy
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
(Special Original Jurisdiction)
WEDNESDAY, THE THIRTY FIRST DAY OF MARCH,
TWO THOUSAND AND TWENTY ONE
:PRESENT:
THE HONOURABLE SRI JUSTICE CHEEKATI MANAVENDRANATH ROY
WRIT PETITION NO: 7493 OF 2021
Between:
Chelikani Venkata Srinivasa Rao, S/o Sri Krishna Rao.
.. Petitioner
AND
--
The State of Andhra Pradesh, Rep. by its Pri. Secretary, Revenue (Assignment)
Dept., A.P. Secretariat, Velagapudi 522 503, Guntur District.
The District Collector, East Godavari District at Kakinada - 533 001.
The Revenue Divisional Officer, Kakinada - 533 001, East Godavari District.
The Tahsildar, Kajuluru - 533 001, East Godavari District.
The Executive Engineer, Panchayat Raj, Kakinada - 533 001, E.G.Dist.
Gram Panchayat, Aryavatam, Kajuluru Mandal, East Godavari District Rep. by its
Panchayat Secretary.
OourRwhn
.... Respondents
Petition under Article 226 of the Constitution of India praying that in the
circumstances stated in the affidavit filed therewith, the High Court may be pleased to
issue an appropriate Writ, Order or Direction more particularly one in the nature of Writ
of Mandamus declaring the action of the Respondents in constructing Rythu Bharosa
Kendram and other Government office buildings in the land classified as Tank in Sy.No.
193 of Aryavatam Village, Kajuluru Mandal, East Godavari District, as illegal, arbitrary
and contrary to the law laid down by the Apex Court and this Hon'ble Court and
consequently direct the Respondents herein to stop the construction of the buildings in
Tank land in Sy.No.193 of Aryavatam Village, Kajuluru Mandal, East Godavari District
forthwith.
IA NO: 1 OF 2021
Petition under Section 151 CPC praying that in the circumstances stated in the
affidavit filed in support of the petition, the High Court may be pleased to grant stay of
construction of the buildings in Tank land in Sy.No.193 of Aryavatam Village, Kajuluru
Mandal, East Godavari District, pending disposal of WP 7493 of 2021, on the file of the
High Court.
The petition coming on for hearing, upon perusing the Petition and the affidavit
filed in support thereof and upon hearing the arguments of Sri N Siva Reddy Advocate
for the Petitioner, and of GP for Revenue for the Respondent Nos.1 to 4, and of GP for
Panchayat Raj for R.5 and of Sri I|.Koti Reddy SC for Gram Panchayat for R.6, and the
Court made the following.
ORDER:
"Sri LKoti Reddy, learned Standing Counsel for Gram Panchayat takes notice
for 6t respondent and requests time to seek instructions.
Learned Assistant Government Pleader for Revenue takes notice for
respondents 1 to 4 and requests time to seek instructions.
Print the name of learned Government Pleader for Panchayat Raj for 5%
respondent.
So
/ Post the matter on 08-04-2021.
The petitioner herein questions the action of the respondents of constructing
buildings for Rythu Bharosa in the tank covered by Sy.No.193 of Aryavatam Village,
Kajuluru Mandal, East Godavari District, mainly on the ground that no constructions
of building can be made in the tanks. He has produced the Adangal copies which are
available at page Nos.11 and 12 relating to the land covered by Sy.No.193, wherein it
is clearly shown that the said land covered by Sy.No.193 is a tank.
The Honourable Supreme Court in the Judgment rendered in the case of Hinch
Lal Tiwari vs. Kamala Devi and others! held that "human resources like tanks etc. are
to be protected and no constructions should be allowed in ponds etc."
Relying on the said Judgment, this Court also in W.P.No.1336 of 2005 has
taken a view that no construction shall be allowed to be made in tanks. Therefore,
the petitioner could make out a prima facie case warranting interference of this Court
to examine whether the proposed construction of Rythu Bharosa building in
Sy.No.193 which is classified as tank, is legally sustainable or not.
So, in the said facts and circumstances of the case, there shall be a direction to
the respondents not to proceed with any construction of the building in the tank
covered by Sy.No.193 of Aryavatam Village, Kajuluru Mandal, East Godavari
District, till the next date of hearing."
Sd/-T.MADHA\
ASSISTANT REGISTRAR
IfTRUE COPY// Ap
For ASSISTANT REGISTRAR
To
1. The Pri. Secretary, Revenue (Assignment) Dept., A.P. Secretariat, State of
Andhra Pradesh, Velagapudi 522 503, Guntur District.
The District Collector, East Godavari District at Kakinada - 533 001.
The Revenue Divisional Officer, Kakinada - 533 001, East Godavari District.
The Tahsildar, Kajuluru - 533 001, East Godavari District.
The Executive Engineer, Panchayat Raj, Kakinada - 533 001, E.G.Dist.
The Panchayat Secretary, Gram Panchayat, Aryavatam, Kajuluru Mandal, East
Godavari District.(by RPAD)
One CC to Sri. N Siva Reddy Advocate [OPUC]
Two CCs to GP for Revenue ,High Court Of Andhra Pradesh. [OUT]
One spare copy
Oar wh
© ON
PR
HIGH COURT
CMRJ
DATED:31/03/2021
POST THE MATTER ON 08-04-2021
ORDER
WP.No.7493 of 2021
DIRECTION
