CHAPALA MALLIKARJUNA REDDY Vs. SUPERINTENDENT ENGINEER, IRRIGATION DEPT

JUDGEMENT

(1.) Since the relief prayed and the facts in these three writ petitions are one and the same, these three writ petitions are heard together and are being disposed of by way of this common order.

(2.) For the sake of convenience and to avoid ambiguity in the discussion, the facts in W.P.No.20621 of 2013 are taken into consideration.

(3.) The 2nd respondent filed a counter affidavit wherein it is stated that the land to the extent of Ac.1.50 cents and Acs.3.00 in Sy.No.1 of Tirumalarajupeta Revenue Village of Penagalur Mandal in YSR Kadapa District is river poramboke of Cheyyeru river in YSR Kadapa District. The said land belongs to the Irrigation Department. The then Mandal Revenue Officer, Penagalur, gave cowl pattas under B.S.O.No.19-B for an extent of Ac.1.50 cents each to the petitioners for raising mango plants along the boundary of the above said lands. It is further stated that the cowl patta granted to the petitioners will not confer any rights over their lands. Moreover, the then Mandal Revenue Officer, Penagalur, neither took prior permission nor obtained consent from the Irrigation & CAD Department before granting licences to the petitioners in respect of their lands. During the inspection conducted by the 2nd respondent, it was found that the mango plants are raised in the river bed of the Cheyyeru river and the petitioners encroached into the Cheyyeru river. It is also stated that the licences granted to the petitioners by the then Mandal Revenue Officer, Penagalur are liable to be cancelled and appropriate steps would be taken in this regard. The petitioners have no right over their lands and therefore, the writ petition is devoid of any merit and is liable to be dismissed.