APHC010524392017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3333] MONDAY, THE SIXTH DAY OF OCTOBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SMT JUSTICE V.SUJATHA WRIT PETITION NO: 29657/2017 Between: 1. D.BHASKER RAO,, S/O SANKARIAH, AGE: 55 YRS.. OCC: AGRICULTURE. R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST. 2. KOMMI CHIRANJEEVIDU., S/O SUBBAIAH, AGE: 52 YRS.,OCC: AGRICULTURE, R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST. 3. MALLINENI SHIVAJI., S/O VENKAIAH, AGE: 35 YRS., OCC: AGRICULTURE. R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST. 4. MALLINENI SRIHARI., S/O VENKAIAH, AGED 65 YRS. OCC: AGRICULTURE, R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST. 5. SADINENI VENKATESHWARLU,, S/O NARSAPU NAIDU, AGE: 60 )RS. OCC: AGRICULTURE. R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST. 6. GATI DEVENDER BABU, S/O MASTANAIAH. AGE: 50 YRS., OCC: AGRICULTURE, R/O. AMANCHARLA (V).NELLORE RURAL MANDAL. NELLORE DIST. ...PETITIONER(S) AND 1. STATE OF A P, REP :BY ITS PRL.SECRETERY IRRIGATION 2 VS,J W.P.No.29657 of 2017 DEPT.SECRETERIAT BUILDING, VELAGAPUDI. GUNTUR DIST. 2. SUPDT ENGINEER, IRRIGATION DEPT. RAMALINGAPURAM, NELLORE. 3. THE EXECUTIVE ENGINEER IRRIGATION DEPT, - 4. THE DIST COLLECTOR NELLORE, - 5. THE REVENUE DIVISIONAL OFFICER SPSR NELLORE DIST, - 6. THE TAHSILDAR NELLORE, - 7. PASALA RAMANAMMA, W/O VENKATESHWARLU. AGED ABOUT 53 YRS., AMANCHARLA (V). NELLORE RURAL MANDAL, SPSR, NELLORE DIST. 8. MANDARA RAGHAVENDRA, S/O BALARAMAIAH, AGED ABOUT 58 YRS.. ARNANCHERLA (V), . NELLORE RURAL MANDAL, SPSR NELLORE DIST. 9. MALLINENI RAMESH, S/O SHANKARIAH. AGED ABOUT 28 YRS.. R/O AMANCHERLA (V). NELLORE RURAL MANDAL, SPSR NELLORE DIST. 10. MANDARA RATNAIAH, S/O RAGAIAH. AGED BOUT 35 YRS.,- R/O AMANCHERLA (V). NELLORE RURAL MANDAL. SPSR NELLORE DIST. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue an appropriate writ order or direction more particularly one in the nature of mandamus, declaring the action of the official respondents in not protecting the tank bed land to an extent of Ac 51.10 of Cheruyu in Sy. Nos. 187/1, 188, 189, 190, 191, 191/1A of Amancherla village.. Nellore Dist. as illegal, arbitrary and against the law laid down by Hon Thie supreme court and consequently direct them to take necessary steps to protect the tank poramboku land from the encroachments to enable the petitioners to draw the sufficient water to their fields and pass IA NO: 1 OF 2017(WPMP 36899 OF 2017 3 VS,J W.P.No.29657 of 2017 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 official respondents to remove the encroachments along the tank Poramboku to an extent of Ac 51.10 or Amancherla eheruvu situated at Sy.Nos. 187/1, 188, 189, 190, 191, 191/1A of Amancherla village. Nellore rural mandal, Nellore Dist. and pass Counsel for the Petitioner(S): 1. C VANI REDDY Counsel for the Respondent(S): 1. GP FOR ASSIGNMENT (AP) 2. GP FOR REVENUE (AP) 3. GP FOR IRRI AND CAD (AP) The Court made the following: 4 VS,J W.P.No.29657 of 2017 ORDER: The present Writ Petition is filed under Article 226 of Constitution of India seeking the following relief: “…to issue an appropriate writ order or direction more particularly one in the nature of mandamus, declaring the action of the official respondents in not protecting the tank bed land to an extent of Ac 51.10 of Cheruyu in Sy.Nos.187/1, 188, 189, 190, 191, 191/1A of Amancherla Village, Nellore Dist. as illegal, arbitrary and against the law laid down by Hon’ble Supreme Court and consequently direct them to take necessary steps to protect the tank poramboku land from the encroachments to enable the petitioners to draw the sufficient water to their fields.…” 2. Heard learned counsel for the petitioner and the learned counsel for respondents. 3. Today, when the matter came up for hearing, learned Assistant Government Pleader for Revenue has furnished a copy of instructions of the Tahsildar, Nellore Rural Mandal, dated 13.09.2025, wherein it is stated that the then Tahsildar addressed a letter to the Revenue Divisional Officer, Nellore vide Lr.No.Rc.B.1804/2016, dated 11.10.2022 with regard to encroachments in Amancherla Tank, informing that all the encroachments have been evicted from the Amancherla Tank except the land covered in Sy.No.188 to an extent of Ac.3-00 cents, which is the subject matter of W.P.No.21480 of 2016. 4. In view of the fact that the respondents have evicted all the encroachments made in Amancherla tank, except in Sy.No.188 to an extent of Ac.3-00 cents, this Court is of the opinion that no further orders are necessary 5 VS,J W.P.No.29657 of 2017 with regard to other survey numbers. Insofar as Sy.No.188 is concerned, in view of the orders passed in W.P.No.21480 of 2016, no further orders are necessary in the present writ petition to that extent also. 5. Accordingly, the Writ Petition is closed. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending shall stand closed. ______________________ JUSTICE V.SUJATHA Date: 06.10.2025 KGR