THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.12081 OF 2024 ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India to issue writ of mandamus, declaring the inaction of Respondent Nos.2 to 5 on petitioners representations dated 22.05.2023, 14.11.2023, 01.05.2024 and 02.05.2024, submitted to remove the encroachments undertaken by Respondent Nos.6 to 15 in the lands covered by Survey No.94-1, which is classified as ‘cheruvu’ situated in Tandemvalasa village, Srikakulam and not taking any action to prevent the illegal constructions on the above said government tank poramboke, as illegal, arbitrary and consequently direct Respondent Nos.2 to 5 to remove the encroachments made by Respondent Nos.6 to 15 and also to prevent illegal constructions on the subject lands. 2. The petitioners are permanent residents of Tandemvalasa Village and own agricultural lands in and around an area measuring Ac.38.28 cents in Survey No. 94-1. This land, located in Tandemvalasa Village, is classified as "Cheruvu" (Government Tank Poramboke), i.e., water body. The petitioners are aggrieved by the encroachments made upon the Cheruvu, where the water body is being unlawfully occupied and converted into residential plots by Respondent Nos.6 to 15 and used for 2 NV,J W.P.No.12081 of 2024 other unauthorized purposes. As a result, the petitioners are experiencing significant hardship due to the reduction of water resources, affecting both drinking water supply and availability of water for their livestock. Even though the petitioners and other farmers submitted several representations to the respondent authorities, complaining about the illegal encroachments, no action has been taken. Aggrieved thereby, the present writ petition is filed. 3. Respondent No.5 – Tahsildar, Srikakulam Mandal filed counter affidavit, stating that the MPDO, has been requested to take immediate action to remove the encroachments in Sy.No.94 which is classified as Government Poramboke Tank, since the land under encroachment is water body which is property of Panchayat Department and the Panchayat Secretary is the executive authority to take action in terms of G.O.Ms.No.188. The Executive Team after conducting enquiry into the encroachments in Sy.No.94 of Tandemvalasa, which is a classified as water body, it is found that, some of the encroachers have built church, shed, slabbed house, pucca houses consisting of several floors, bus shelter, anganwadi building etc. Further, the MPDO was requested to take further action to evict the encroachments as per the Rules provided in G.O.Ms.No.188 dated 21.07.2011. 3 NV,J W.P.No.12081 of 2024 4. No counter affidavit is filed by unofficial respondents i.e. Respondent Nos.6 to 15, even though opportunity was provided and sufficient time was granted. On 03.09.2025, it was made clear that, since no counter affidavit was filed, their right for filing the same was forefeited. 5. During hearing, learned counsel for the petitioners submits that, despite directions of the Hon’ble Supreme Court in Jagpal Singh vs. State of Punjab1 and W.P. (PIL) Nos.140 of 2022 dated 14.09.2022, the authorities shall protect the government lands of different classifications viz., tank land, water bodies which are public utility lands vested in the State and meant for common benefit of individuals and regularization of such illegal constructions must not be permitted and the State cannot allow the common interest of the villagers to suffer merely because the unauthorized occupation has subsisted for many years. 6. On the other hand, the learned Standing Counsel for Respondent No. 2, Gram Panchayat, submitted written instructions dated 17.05.2024, issued by the Panchayat Secretary of Tandemvalasa Gram Panchayat. The instructions indicate that some encroachers claim they were granted D-Form Patta by the then Tahsildar, and therefore, cannot be evicted without following the due legal process. It is further mentioned that, with the assistance of the Mandal Surveyor, the office of the 5th respondent 1 (2011) 11 SCC 396 4 NV,J W.P.No.12081 of 2024 will conduct a survey and demarcate the land. Subsequently, the Gram Panchayat will take appropriate measures to protect the tank in accordance with G.O.Ms.No.188 dated 21.07.2011. 7. Heard learned counsel for the petitioners, learned Government Pleader for Revenue and learned Standing Counsel for Respondent No.2 Gram Panchayat and perused the material available on record. 8. It It appears that there are encroachments on the subject tank, as identified by Respondent No. 5. Regarding the claim by some encroachers that they were granted pattas by the then Tahsildar, Respondent No. 5 denied this in his counter affidavit, stating that, except for one individual, no others were granted pattas as claimed. 9. When once the land is reserved for public purpose, it cannot be converted into house sites and assign the same to the public under any scheme in view of the law laid down by the Apex Court in "Jagpal Singh and others vs. State of Punjab and others2", wherein the Apex Court held as follows: “Para 3: The protection of common rights of the villagers were so zealously protected that some legislation expressly mentioned that even the vesting of the property with the State did not mean that the common rights of villagers were 2 AIR 2011 SUPREME COURT 1123 5 NV,J W.P.No.12081 of 2024 lost by such vesting. Thus, in Chigurupati Venkata Subbayya v. Paleduga Anjayya (1972) 1 SCC 521) SCC Page 529 the Court observed in Para 23 as follows: "23. It is true that the suit lands in view of Section 3 of the Estates Abolition Act did vest in the Government. That by itself does not mean that the rights of the community over it were taken away. Our attention has not been invited to any provision of law under which the rights of community over those lands can be said to have been taken away. The rights of the community over the suit lands were not created by the principal or any other landholder. Hence those rights cannot be said to have been abrogated by Section 3(c) of the Estates Abolition Act." 10. In W.P. (PIL) Nos.140 of 2022 dated 14.09.2022, the Division Bench of this Court reiterated the same principle. In view of the principle laid down in the above judgments, water bodies, river beds, though available, cannot be alienated to any third party defeating the common rights of the villagers. The trespassers who illegally encroached on to the water body by using muscle power/money power and in collusion with the officials or gram panchayat, such illegalities must not be spared and even if houses were constructed on the land in question by the encroachers, they must be removed and possessin of the land must be handed back to the Gram Panchayat. Regularization of such illegal constructions must not be permitted, since this Court cannot allow 6 NV,J W.P.No.12081 of 2024 the common interest of the villagers to suffer merely because of the unauthorized occupation has subsisted for many years. The respondents are under statutory obligation to remove the encroachments situated within the tank poramboke, as identified, if necessary by conducting survey and demarcation and follow due process of law. The entire exercise shall be completed by the respondents as expeditiously as possible. 11. With the above direction, writ petition is disposed of. No costs. 12. Consequently, miscellaneous applications pending if any, shall stand dismissed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 17.09.2025 SP 7 NV,J W.P.No.12081 of 2024 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.12081 OF 2024 Date: 17.09.2025 W SP