Andhra Pradesh High Court - Amravati
T Munaswamy vs The State Of Ap on 28 October, 2022
1
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
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.
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
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
