MULA MAHESWARA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India questioning the action of respondent Nos.2 to 4 in proposing to construct the Grama Sachivalayam and other buildings by changing the classification of Sy.No.294 by sub-dividing and closing the tank called Muragada Banda @ Chinna Koneru an extent of Ac.3.13 cents out of Ac.11.18 cents in Sy.No.294 of Korlakota Village, Amadalavalasa Mandal, Srikakulam District and declare the same as illegal, arbitrary, without any authority of law and contrary to the directives of Hon"ble Apex Court and the provisions of the A P Panchayat Raj Act, 1994 and in violation of Principles of Natural Justice, and consequently direct the respondents not to allow any encroachments or make any constructions including Grama Sachivalayam on the tank bed of Muragada Banda and to take appropriate steps to remove all the encroachments over the said tank and restore the same to its original position including the classification in the Revenue record.

(2.) The petitioners are the residents of Korlakota Village. Petitioner No.1 while practicing as an Advocate cultivating his land, whereas petitioner No.2 is an agriculturist, eking out his livelihood by cultivation of his agricultural land. In Korlakota village, "Dahala Koneru" and "Muragada Banda @ Chinna Koneru" are situated in Sy.No.294 of Korlakota Village in an extent of Ac.11.18 cents. They are adjacent to one another. Muragada Banda @ Chinna Koneru gets water from the outlet of Dahala Koneru. The ayacutdars draw water from the sluice of Muragada Banda to irrigate their lands through the irrigation canal dug from sluice. In the recent past some of the villagers, who have political influence, have encroached upon tank bed and made some illegal constructions. They are slowly encroaching upon the entire tank with a view to close the said tank thereby causing diminution of flow of water which is the only source of irrigation. The respondents are causing mischief to the source of irrigation, which is an offence punishable under Section 430 of Indian Penal Code (for short "I.P.C."). Complaining the same, some of our villagers filed a representation dated 10.05.2020 before the Tahsildar, Amadalavalasa Mandal, respondent No.4 herein, clearly stating that Chinna Koneru situated in Sy.No.294 is subjected to encroachments.

(3.) It is further contended that Sri Pedada Rajasekhar S/o Ananda Rao filed an application dated 14.06.2021 under Right to Information Act before the Deputy Tahsildar and Public Information Officer, Amadalavalasa to furnish the FMB of Muragada Banda, the list of Pattadars and details of possession certificates issued if any to the encroachers, Muragada Banda sub-division details, the list of Government lands in Korlakota Grama Panchayat, particulars of permissions if any granted for the constructions made on Muragada Banda @ Chinna Koneru, actions if any taken on them and the complaint of Panchayat Secretary, filed on 10.06.2021 regarding illegal constructions made around Chinna Koneru etc. In response to the said application the Deputy Tahsildar, and Public Information Officer, Amadalavalasa furnished some information vide Rc.No.355/2021A, dated 09.07.2021. It is clear from the FMB of Sy.No.294 that Dahala Koneru and Muragada Banda are situated adjacent to each other in entire extent of Ac.11.18 cents of Sy.No.294. As seen from the statement of sub-division furnished by the Deputy Tahsildar, the Sy.No.294 was divided into two on 05.11.2020, allotted Sy.No.294-1 for an extent of Ac.8.05 cents and Sy.No.294-2 for an extent of Ac.3.13 cents and changed the classification to the extent of Ac.3.13 cents as if it is proposed for construction of Government Building Complex.