Telangana High Court
WP/26668/2006 of The Gram Panchayat, Yedurlanka, I. Polavaram Mandal, Vs The Superintendent Engineer, Irrigation Circle, on 22 December 2006
SRI JUSTICE C.V.RAMULU W.P.No.26668 of 2006 Dated:22.12.2006 Between The Gram Panchayat, Yedurlanka I.Polavaram Mandal, East godavari District rep., by its Sarpanch. …..Petitioners and 1. The Superintendent Engineer, Irrigation Circle, Dowleswaram, East Godavari District and
THE HON’BLE SRI JUSTICE C.V.RAMULU
W.P.No.26668 of 2006
Dated:22.12.2006
Between
The Gram Panchayat, YedurlankaI.Polavaram Mandal, East godavariDistrict rep., by its Sarpanch.
and
…..Petitioners
1.The Superintendent Engineer,Irrigation Circle, Dowleswaram,East Godavari District and others.
…Respondents
THE HON’BLE SRI JUSTICE C.V.RAMULUW.P.No.26668 of 2006
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ORDER:
This writ petition is filed seeking a Mandamusto declare the action of respondents 1 to 3 in nottaking action against the representation submittedby the petitioner-Gram Panchayat for removal ofconstructions made by the 4[th] respondent on theP.W.D Guttinadeevi canal bund in the limits ofYedurulanka and Patha Injaram beside GaneshNagar Bridge as arbitrary and illegal.
It appears that the petitioner is a Gram Panchayat represented by its Sarpanch. Yedurulanka Village is situated in the islandPolavaram Mandal, East Godavari District. Sincethe entire Mandal is surrounded by water on threesides, it was called as an island. Their village is onthe edges of Bay of Bengal and the river Godavari joins sea after their Village. There is a vacant sitebetween the Godavari Bund and the irrigation canalin the village limits of their Gram Panchayat. Thesaid land is to be protected from encroachmentsand constructions for the reason that if anyconstruction is made, the Godavari floodwater willenter into their village and cause damages to thehouses and the properties of their villagers. Therefore, it is the duty of the Irrigation Departmentofficials to protect flood banks and river bunds fromencroachments and constructions. While so, the4[th] respondent has started permanent constructionwith cement polls on the PWD Guttinadeevi canalbund in the limits of Yedurulanka and Patha Injarambeside Ganesh Nagar Bridge. The said fact wasbrought to the notice of the Gram Panchayat by thevillage ryots complaining that the constructionundertaken by the 4[th] respondent would block thefree flow of canal water and there will be a danger tothe crops and the village and requested to takesteps to remove the said construction. The GramPanchayat issued notice to the 4[th] respondent asking him to stop the permanent construction immediately. The 4[th] respondent refused to receivethe notice and the same was returned with anendorsement that the addressee refused toreceive. Hence, the writ petition.
In view of the above, without expressing any opinion on merits, the 1[st] respondent is directed todispose of the representation purported to havebeen filed by the petitioner on 18.9.2006, within aperiod of four weeks from the date of receipt of acopy of this order, by conducting spot inspectionand hearing all the villagers in this regard.
Writ petition is disposed of accordingly. Nocosts.
rkk
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22-12-2006