Telangana High Court
WP/25120/2004 of Mokhamatla Sanjeeva Rao Vs The District Collector, on 31 December 2004
HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTY FIRST DAY OF DECEMBER TWO THOUSAND AND FOUR PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO: 25120 of 2004 Between: 1 Mokhamatla Sanjeeva Rao S/o Veeraraghvulu R/o Mudunuru,
IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD
(Special Original Jurisdiction)
FRIDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND FOUR
PRESENT
THE HON'BLE MR JUSTICE N.V. RAMANAWRIT PETITION NO: 25120 of 2004
Between:
1 Mokhamatla Sanjeeva Rao S/o Veeraraghvulu R/o Mudunuru, Pentapadu Mandal, West Godavari District.2 Addagarla Trimurthulu S/o Ranganayakulu R/o Mudunuru, Pentapadu Mandal, West Godavari District.3 Tamatapu Ramabu S/o Rama Murthy, R/o Mudunuru, Pentapadu Mandal, West Godavari District.4 Dwarampudi Veera Venkata Reddy S/o Venkata Reddy R/oPentapadu , Pentapadu Mandal, West Godavari District.
AND
... PETITIONERSs
1 The District Collector, Eluru, West Godavari District.
2 The Mandal Revenue Officer Pentapadu Mandal, West Godavari District. West Godavari District.
3 The Assistant Engineer. Irrigation Section, Pentapadu, West Godavari District. 4 The Sarpanch, Mudunuru Gram Panchayat, Pentapadu Mandal, West Godavari District. West Godavari District. 4 The Sarpanch, Mudunuru Gram Panchayat, Pentapadu Mandal, West Godavari District.
...RESPONDENTS
Petition under Article 226 of the constitution of India praying that in thecircumstances stated in the Affidavit filed herein the High Court may be pleased toIssue a writ, order or direction more particularly one in the nature of Writ ofMandamus, declaring the action of the 2nd respondent in trying to issue pattas inR.S. Nos.228, 214, 242, and 245 of Channel Poromboke in Mudunur Village ofpentapadu village, West Godavari District is contrary to order 15(4) (ii) (h) of AP.,Board Stading orders and direct the respondents 2 to 4 to remove theencroachments on the margins of channel in R.S Nos.,228, 214, 242 and 245 inMudunuru Village .
Counsel for the Petitioner: MR.S.SUBBA REDDYCounsel for the Respondents: GP FOR REVENUE
The Court, at the admission stage, made the following:
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ORDER:
This writ petition is filed seeking a Mandamus declaring the action of the 2[nd]respondent in trying to issue pattas in R.S.Nos.228, 214, 242 and 245 of ChannelPoramboke in Mudunuru Village, West Godavari District is contrary to Order 15 (4)(ii) (h) of A.P. Board Standing Orders and direct the respondents 2 to 4 to remove theencroachments on the margins of channel in the said survey numbers.
2. Heard the learned counsel for the petitioners and the learned Government pleaderfor Revenue appearing on behalf of the respondents and with their consent, the writpetition is being disposed of at the admission stage.
3. Petitioners 1 to 3, residents of Mudunuru Village, claim that they are the absoluteowner of lands in R.S.Nos.311/2 and 311/4, R.S.Nos.205/3 and 204/2, R.S.Nos.254,243 and 244 in an extent of Ac.2.15 cents, Ac.1.98 cents and Ac.3.02 centsrespectively, while the 4[th] petitioner, resident of Pentapadu Village, claims that he isthe absolute owner of lands in R.S.No.43 to an extent of Ac.5.40 cents. It is the caseof the petitioners that some persons, at the instigation of the Sarpanch of the village,occupied the margins/bunds of the channels, called as ‘karra’, through which thepetitioners got water. It is alleged that due to erection of huts on the margin/bunds ofthe channel, the farmers are not getting water to the fields and the same has beenbrought to the notice of the concerned authorities by way of a representation,addressed by the President, Water Users Association, in which objections havebeen raised for issuance of pattas in the said survey numbers, but the same has notyet been considered. It is further alleged that by ignoring order 15 (4) of the A.P.Board Standing Orders, which specifies the lands that may be assigned and thelands that may not be assigned, and without taking into consideration the objectionsraised by the petitioners, the second respondent is intending to assign pattas to theencroachers, which gave rise to filing the present writ petition.
4. In view of the facts and circumstances of the case, I deem it appropriate to disposeof the writ petition with the following directions.
5. The second respondent-Mandal Revenue Officer is hereby directed to considerthe objections raised by the President, Water Users Association before proceedingto issue pattas in R.S.Nos.228, 214, 242 and 245 of Channel Poramboke inMudunuru Village of Pentapadu Village, West Godavari District. He shall ascertainthe same by obtaining a report from the Irrigation Department and only then can hetake a decision, in accordance with law, on issuance of pattas for the said surveynumbers. Till such exercise is completed, pattas shall not be issued for the saidsurvey numbers.
The writ petition is accordingly disposed of at the admission stage. No costs.
_________________
N.V. RAMANA, J
December 31, 2004
Copy to:
1 The District Collector, Eluru, West Godavari District.
2 The Mandal Revenue Officer Pentapadu Mandal, West Godavari District. West Godavari District.
3 The Assistant Engineer. Irrigation Section, Pentapadu, West Godavari District.
4 The Sarpanch, Mudunuru Gram Panchayat, Pentapadu Mandal, West Godavari District. West Godavari District.
5. Two C.Cs to G.P.for Revenue, High Court of A.p., Hyderabad (OUT)
6. Two C.D.copies.