ORDER:

This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“</</b>b>to</</b>b> i</</b>b></</b>b>s</</b>b>s</</b>b>ue</b></</b>b> a</</b>b> W</</b>b>r</b>i</</b>b></</b>b>t/</b>Or</b>de</b></</b>b>r</b>/</b>Di</</b>b></</b>b>r</b>e</b></</b>b>cti</</b>b></</b>b>o</</b>b>n mo</</b>b>r</b>e</b></</b>b> pa</</b>b>r</b>ti</</b>b></</b>b>cula</</b>b>r</b>ly o</</b>b>ne</b></</b>b> i</</b>b></</b>b>n the</b></</b>b> na</</b>b>tur</b>e</b></</b>b> o</</b>b>f Writ of Mandamus declaring the action of the respondents in identifying the Regunta water tank admeasuring Ac. 5-96 cents situated in RS No.914 in Ammapalem of Koppaka Revenue Village, Pedavegi Mandal, West Godavari District for assigning the said water tank land as house sites under Navaratnalu – Pedalandariki Illu programme as illegal, arbitrary and violative of principles of natural justice and protect the land.”

Though, the petitioner made several allegations against the respondents. The petitioner is the owner of nearby land and there is a water tank known as Regunta water tank in an extent of Ac. 5-96 cents in RS No. 914 of Ammapalem of Koppaka Revenue Village, Pedavegi Mandal, West Godavari District and that the 4th respondent and his staff inspected the water tank, identified the same for issue of house site pattas to the landless poor persons under a scheme referred to above. The said water tank cannot be identified and on the other hand it is the duty of the Government to protect the same in view of the Judgment Hinch Lal Tiwari Vs. Kamala Devi – 2001(6) SCC 496. The 4th respondent identified the tank to assign the same to landless poor and requested to issue a direction not to assign the tank.

The counsel for the petitioner reiterated the contentions, whereas learned Assistant Government Pleader for Revenue clearly stated that the issue is covered by G.O.No. 510 dt. 30.12.2019.

The contention of the petitioner that the disputed land is classified as tank, it enters in revenue records is supported that land in RS No.914 of Ammapalem of Koppaka Recvenue Village, Pedavegi

2001(6) SCC 496

Mandal, West Godavari District is classified as tank and it belongs to the Government, there is no dispute about the classification of the land in RS No.914 of Ammapalem of Koppaka Revenue Village. The tank cannot be identified for assignment in view of the prohibition under G.O.No. 510 dt. 30.12.2019 at Para No.8 of said G.O the Government directed the District Collector as follows:- The District Collectors are further instructed that not to propose any lands belongs to Endowments, Educational Institutions, Wakf or any other religious related lands, environmentally sensitive and fragile areas such as, tank beds, river beds, other water bodies and hillocks with afforestation etc., for house site purposes.

In view of instructions in G.O.No.510 dt. 30-12-2019, identification of the land in RS No.914 for assignment as house sites to the poor by the respondents is totally in violation of the above G.O. Similar instance case came up for consideration before Apex Court in “Intellectuals Forum, Tirupati Vs. State of A.P and others” reported in 2006(3) – SCC-P.549, wherein Hon’ble Supreme Court held that as the obligation of such to protect the water bodies under Article 48-A and 51-A (g) of the Constitution of India and identifying the land of tank bed for construction of houses by Housing Board was declared as illegal and issued certain directions and same view is expressed in Apex Court in the case Hinch Lal Tiwari Vs. Kamala Devi (referred supra).

Hence, identification of the land in RS 914 of Ammapalem of Koppaka Revenue Village, Pedavegi Mandal, West Godavari District for assignment to poor is serious illegality is not only contrary to the law by the Apex Court and also contrary to the instructions issued by the state in the said G.O.No.510 dt. 30.12.2019 referred to above.