% i * IN THE HIGH COURT OF ANDHRA PRADESH (Special Original Jurisdiction) WEDNESDAY, THE NINETEENTH DAY OF FEBRUARY TWO THOUSAND AND TWENTY FIVE PRESENT HONOURABLE THE CHIEF JUSTICE SRI DHIRAJ SINGH THAKUR AMARAVATI AND HONOURABLE SRI JUSTICE RAVI CHEEMALAPATI WP(PIL) NO: 130 OF 2024 Between: Pasupuleti Bapi Raju, S/o. Surya Rao, Age 69 years, Occ Cultivation and Former vice president R/o D.No. 1-266, Ramakrishna Talkies Korukonda Village, Korukonda Mandal, East Godavari District. Aadhar No. 490340281227. Street, ... PETITIONER AND 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District 3. The Tahsildar, Korukonda Mandal, East Godavari District. 4. Korukonda Grampanchayat, Rep. by its Executive Officer, Korukonda Village, Korukonda Mandal East Godavari District. 5. Executive Engineer, Irrigation Department, Godavari Central Division, Dhavaleswaram,East Godavari District. 6. Peddienti Rajendra Prasad, S/o Ramam, Age 70 year, Occ Retd. Employe R/o. Korukonda Village and Mandal, East Godavari District. 7. Mr. Chonga Krishna, S/o. Venkanna, Age 55 years, Occ Real Estate Business, R/o. Narasapuram Village, Korukonda Mandal East Godavari District. 8. Chonga Manikanta, S/o. Chonga Krishna, Age 28 years, Occ Real Estate Business, R/o. Narasapuram Village, Korukonda Mandal East Godavari District. 9. The Sub Registrar, Korukonda, Korukonda Mandal, East Godavari District. ... RESPONDENTS Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court be pleased to issue any writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in allowing conversion of Water Tank Peraiah Gandi Cheruvu situated in an extent of Ac. 8.48 cents in Sy. No. 99/2, Korukonda Village, Korukonda Mandal, East Godavari District into house sites by being silent on its encroachment is illegal, arbitrary and violation of Article 21 Constitution of India and to consequently direct the respondents convert the water tank into house sites and further direct the respondent No. 1 to 5 to restore the waterbody to its original position by encroachments. may of the not to removing lA NO: 1 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the respondents not to allow any construction activity in the water body “Peraiah Gandi Cheruvu” situated in an extent of Ac. 8.48 cents in Sy. No. 99/2, Korukonda Village, Korukonda Mandal, District into house sites pending disposal of the writ petition. East Godavari lA NO: 2 OF 2024 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct the 9'^ respondent not to entertain any registrations in / aspect of the land of waterbody i.e., Peraiah Gandi Cheruvu situated in an extent of Ac. 8.48 cents in Sy. No. 99/2, Korukonda Village, Korukonda Mandal, East Godavari District pending disposal of writ petition. Counsel for the Petitioner: SRI V. V. SATISH Counsel for the Respondent Nos.1 to 3: GP FOR REVENUE Counsel for the Respondent No.4: SRI Y. KOTESWARA RAO, SC FOR ZPP, MPP & GRAM PANCHAYAT Counsel for the Respondent No.5: GP FOR IRRIGATION & CAD Counsel for the Respondent Nos.6 to 8: SRI P. RAJESH BABU Counsel for the Respondent No.9: GP FOR STAMPS & REGISTRATION The Court made the following: ORDER APHC010289662024 IN THE HIGH COURT OF ANDHRA PRADESH Sr.No:-38 [3483] AT AMARAVATI WP{PIL) NO: 130 of 2024 Pasupuleti Bapi Raju ...Petitioner Vs. The State of Andhra Pradesh and others ...Respondents 'k'k’k'k-k’k-k'k'k'k Advocate for petitioner Advocates for respondents Sri V. V. Satish Learned Government Pleader for Revenue, Sri Yarraguntia Koteswara Rao, learned Standing Counsel for Zilla Praja Parishads, Mandal Praja Parishads and Gram Panchayats. CORAM :THE CHIEF JUSTICE DHIRAJ SINGH THAKUR SRI JUSTICE RAVI CHEEMALAPATI DATE : 19th February 2025 PC : In view of the report of the District Collector, East Godavari District, dated nil, that the land in which the subject water tank is situated is a private land, which issue has also been concluded by the Apex Court when it dismissed S.L.P(Civil) (C.C.No.210 of 2002) dated 21.01.2002, and records have been accordingly made in accordance with the various directions issued by the judicial as also quasi-judicial authorities, we are of the opinion that no cause survives. 2 2. The petition is found to be without any merit and is, accordingly, dismissed with costs of Rs.50,000/- (Rupees fifty thousand only). No order as to costs. Pending miscellaneous applications, if any, shall stand closed. SD/- K SRINIVASA RAJU ASSISTANT REQfSTRAR //TRUE COPY// SECTION OFFICER To, 1. The State of Andhra Pradesh, Rep. by its Principal Secretary, Revenue Department, Secretariat, Velagapudi, Amaravati, Guntur District. 2. The District Collector, East Godavari District 3. The Tahsildar, Korukonda Mandal, East Godavari District. 4. Korukonda Grampanchayat, Rep. by its Executive Officer, Korukonda Village, Korukonda Mandal East Godavari District. 5. Executive Engineer, Irrigation Department, Godavari Central Division, Dhavaleswaram,East Godavari District. 6. Peddienti Rajendra Prasad, S/o Ramam, Age 70 year, Occ Retd. Employe R/o. Korukonda Village and Mandal, East Godavari District. 7. Mr. Chonga Krishna, S/o. Venkanna, Age 55 years, Occ Real Estate Business, R/o. Narasapuram Village, Korukonda Mandal East Godavari District. 8. Chonga Manikanta, S/o. Chonga Krishna, Age 28 years, Occ Real Estate Business, R/o. Narasapuram Village, Korukonda Mandal East Godavari District. 9. The Sub Registrar, Korukonda, Korukonda Mandal, East Godavari District.[ Addresses 1 to 9 BY RPAD] 10. One CC to Sri V. V. Satish, Advocate [OPUC] 11. One CC to Sri Y. Koteswara Rao, SC for ZPP, MPP & Gram Panchayat[OPUC] 12. One CC to Sri P. Rajesh Babu, Advocate[OPUC] 13. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 14. Two CCs to GP for Irrigation and CAD, High Court of Andhra Pradesh. [OUT] 15. Two CCs to GP for Stamps and Registration, High Court of Andhra Pradesh. [OUT] 16. Three CD Copies. ssb HIGH COURT DATED: 19/02/2025 ORDER WP(PIL).No.130 of 2024 * 0 <1 MAR 2025 j; ^ . Current Section . ^ OV; mlj 69// DISMISSING THE W.P.(PIL) WITH COSTS