KOPPULA SUBBA RAO Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners seek a Writ of Mandamus or any appropriate Writ, order or direction directing the respondents 1 to 4 to remove all illegal encroachments made by the 5th respondent and others in Ava-cheruvu in Tadimalla, Koramamidi and Vissannapalem villages and desist or forbear from assigning any portion of the land appurtanent to the said tank to any one for the purpose of cultivation or otherwise and to take necessary steps to preserve and maintain the said tank properly and to restore the same to its original condition and pass any appropriate order.

(2.) Mr. Sistla, the learned Counsel for the petitioners submits that there is a public minor irrigation tank called "Ava-Cheruvu' covering an extent of Ac. 566-42 cents. This includes an area of Ac.209.88 cents in R,S,No. 1/1 of Tadimalla village, Ac. 202-00 cents in R.S.No. 17, 18, 19, 20 and 21 of Vissannapalem village and Ac. 154-54 cents in R.S.No. 72/1 of Koramamidi village in Nidadavole Mandal of West Godavari District. The entire area of Ac. 566-42 cents covered by this tank is Government land under the supervision of the public works Department (P.W.D) and described as such in the revenue records. The tank was dug several decades back and being used by the public of 7 villages namely, Koramamidi, Tadimalla, Kotakuteswaram, Onakaramilli, Madhavaram, Rayimetla and Kamsalapalem, The tank besides being used as an irrigation tank is also being used for drinking water by men and cattle and also for washing and fishing purposes by the public. The P.W.D. has laid suitable bunds and Canals so as to facilitate the needs of the villagers. There is an Ayacut of Ac. 8000-00 cents which is being irrigated with the water from this tank. It is further stated that the petitioners' families owned certain extents of lands there and they are paying cist to the Government regularly. There are about 500 families in Koramamidi and Tademalla villages belonging to the fishermen community who are seeking out their livelihood by fishing in the Ava-tank. Thus, the entire community has rights in the said tank. The said rights are being enjoyed from the times immemorial.

(3.) It is submitted that for the past 5 years due to a breach in the tank bund in the Pattimpalem limit, there was paucity of water in the Ava-tank. In order to facilitate the Ryots of Koramamidi and 6 other neighbouring villages who have been cultivating about Ac. 10,000-00 cents of land the government constructed a dam at the place where there was a breach in Pattimpalem limits. It is submitted that as Ava-tank was not full, as it got dried up to several places, taking advantage of the situation a part of the tank bed land had been encroached by several persons including the 5th respondent herein with the connivance of the revenue officials and they are carrying on cultivation. The 5th respondent is a rich industrialist and has encroached upon nearly Ac. 100-00 of tank bed land and is raising high level bunds for carrying on cultivation in the area. It is also alleged that in the year 1993 when there was heavy rainfall and when the Ava-tank would have been full otherwise benefitting all the Ryots of the villages, the encroachers demolished the sand bags and breached the bunds erected at various canals and that the water instead of reaching the Ava-tank was diverted to different places. By this, the encroachers are illegally carrying on cultivation in the tank bed land and their action in non supply of water to the Ava-tank deserves to be stopped.