GHANTA NARISI REDDY Vs. GOVERNMENT OF ANDHRA PRADESH

JUDGEMENT

(1.) The petitioners who are 57 in number have filed this writ petitionchallenging the proceedings of the Tahsildar Sattenapalli, in L.Dis.No. 6072/78-B4 dated 25-7-1978 granting pre-assignment permission to M. Ramakrishna Rao of Peda Makkena Village who is respondent No. 3 herein, to cultivate an extent of Ac. 2-50 cents of land in S.No. 203-1 situated in Peda Makkena Village pending examination for the grant of patta on the ground that the order in the said proceedings is illegal and must be set aside.

(2.) The relevant facts briefly are that there is a tank known as "Manganapudi Laxmaiah Tank" of an extent of Ac. 17-49 guntas in S.Nos. 193-3, 203-1, 203-1-3 and 168-3 situated within the limits of Peda Makkena Gram Panchayat, Sattenapalli taluk, Guntur District The petitioners allege that this tank was dug by the ancestor of petitioner No. 57 several years ago for purposes of providing drinking water for men and cattle that the tank is situated in the midst of four viliages and the ryots of the said villages make use of the water of the tank for themselves and for their cattle. It is the case of petitioner No. 57 that he is in management of the said tank.

(3.) It is also alleged that the tank in question is a public tank which vests in the Gram Panchayat of Pedda Makkena village (Respondent No. 4 herein) under Ssction 85 (1) of the Andhra Pradesh Gram Panchayats Act, 1964, hereinafter referred to as the Act, and that the 4th respondent had control over the maintenance of the tank for keeping it in good condition to provide drinking water for the public. It is alleged that some of the petitioners possessing lands around the tank have been using the water of the tank for men and cattle, and that there is no other source of supply of drinking water in that area. It is stated that the water will be stored in about Ac. 12-00 of tank bed and there are bunds in the remaining area. It is also alleged that the tank is not silted and not in disuse. and public have acquired the right to use the water of the tank for drinking purposes. As already stated, the Tahsildar (Respondent herein) has temporarily assigned an extent of Ac. 2-50 in S.No. 203-1 in his Proceedings L.Dis No. 6072/78/B4 dated 25-7-1978 permitting the 3rd respondent to cultivate a portion of the tank. Armed with this permission, the third respondent is attempting to break open the tank bunds with the help of Hari-jans for driving out the water and for bringing the tank bed under cultivation.