Kaikaluru Sri Rama Rajaka Seva ... vs The State Of Andhra Pradesh
2021 Latest Caselaw 3309 AP

          HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI

                 MAIN CASE No. W.P.No.17440 of 2021
                                PROCEEDING SHEET

Sl.                                                                          Office
                                         ORDER

No      DATE                                                                 Note
2.    01.09.2021 RRR, J
                       Sri     I.Koti    Reddy,     learned     Standing
                Counsel,      on    instructions,   submits     that    on

account of the bad odour coming from the puntha and in view of the complaints given by the residents of the area, the tank was filled up and a B.C. Welfare Community Hall was constructed in part of the land. He submits that the remaining land is now sought to be used for construction of Raithu Bharosa Centre.

In view of the admitted fact that there is a tank existing in the land, the respondent authorities could not have filled up the tank or convert the land for other purposes. The Judgment of the Hon'ble Supreme Court in Hinch Lal Tiwari vs Kamala Devi And Others (2001(6) SCC page 496) had held that the tanks cannot be filled up or converted for any other purposes and even if such a step is taken, it would be the responsibility of the respondent authorities to restore the tank.

In the circumstances, there shall be an interim direction as prayed for, till further orders.

Post the matter after filing of the counter.

_________ RRR, J

SDP