APHC010109012024 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3311]

(Special Original Jurisdiction)

MONDAY, THE TWENTY SEVENTH DAY OF JANUARY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE MS JUSTICE B S BHANUMATHI WRIT PETITION NO: 5836/2024 Between:

N.Mohan Naidu and Others ...PETITIONER(S)

AND The State of Andhra Pradesh and Others ...RESPONDENT(S)

Counsel for the Petitioner(S): 1. TIRUMALA VIDYA CHARAN Counsel for the Respondent(S):

1. VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT

2. GP FOR REVENUE

3. GP FOR PANCHAYAT RAJ RURAL DEV

4. G RAMESH BABU

5. GP FOR IRRIGATION COMM AREA DEV The Court made the following:

ORDER

This writ petition is filed seeking the following relief:

“…to issue a writ, order or a direction, more particularly one in the nature of Writ of Mandamus, declaring the inaction of the respondents in not preventing the unofficial respondents from making illegal constructions on the tank to protect the water bodies in Survey No.296 comprised in land admeasuring Ac.11.15 cents despite submitting representations given by the petitioners as illegal, arbitrary, against the principles of natural justice and in violation of Article 300-A of the Constitution of India, and consequently direct the respondents (1) to remove constructions made by the respondent No.11 on the tank bund, (2) restore the tank bund of the Rachgunneri Cheruvu and to pass such other and further order or orders as I am entitled to in the circumstances of the case.”

2. The case of the petitioners is as follows:

a. The petitioner No.1 is the owner of the land admeasuring an extent of Ac.9.09 cents situated in Sy.Nos.225/9, 237/2, 238/5, 241/8, 242/5, 245/4, 245/5, 245/6, 245/7, 245/8, 245/9, 246/4 and 332/6 in Rachguneri village, Srikalahasti Mandal, Chittoor district. Having purchased these lands through registered sale deeds, the petitioner No.1 has been in continuous and uninterrupted possession and enjoyment of the same from the date of the purchase.

b. The petitioner No.2 is the owner of land admeasuring Ac.5.36 cents situated in Survey Nos.226/4B, 241/5B, 263/1A, 263/1B, 263/2A, 263/3, 268/18, 273/1B, 273/27, 316/8A, 317/2D/1, 337/10, 337/11, and 337/12 in Rachguneri village, Srikalahasti Mandal, Tirupati district and has been in possession and enjoyment of the above land.

3. The lands of the petitioners are situated adjacent to Rachagunneri Cheruvu (tank) and the source of irrigation for their lands is the water drawn from the tank. The petitioners have been cultivating paddy in the lands for the last two decades. Rachagunneri tank is separated into two by a railway track with sluices connecting the two parts of the tank. The top half of the tank is filled with water and is the only source of water for the neighboring villages and the bottom half of the tank comprised in Sy.No.296/2a of Ac.11.15 cents was filled and made fit for agriculture.

4. While so, a private company by name ECL set up a factory on the banks of the tank and has been operating for the last 30 years. In the recent past, the personnel belonging to the factory have been dumping mud and rubbish and other waste using tipper lorries into the tank lands polluting the water which is used by the entire village for agriculture and household purposes. Further, the 8^th respondent started laying house plots in the DKT lands without obtaining permission from the respondent officials and started constructing multi-storied buildings in the land belonging to the 10^th respondent. Thus, construction of buildings in the tank area would cause damage to the tank bund and would result in floods. Even after repeated representations and personal visits, no steps have been taken by the respondent authorities to prevent the illegal activities of the unofficial respondents. Hence, this writ petition.

6. This Court, while ordering notice before admission, granted interim direction to the respondents not to allow any further construction whatsoever within the tank bed around bund of Rachagunne