HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.14611 of 2010
Date: July 24, 2014
Between:
Alla Samatha. … Petitioner And
1. The Superintendent Engineer, Irrigation Circle, Dowlaiswaram, East Godavari District & 4 others. … Respondents * * * HON’BLE SRI JUSTICE S.V. BHATT WRIT PETITION No.14611 of 2010
O R D E R:
The issue arises under the Andhra Pradesh (Andhra Area) Rivers Conservancy Act, 1884 (for short ‘the Act’). Through Proceedings No.AB/MC3/1330M dated 25.09.2009, the 2nd respondent directed the petitioner to remove unauthorized buildings in Survey No.588/2 and also the approach road adjacent to the flood bank situated at 2.600 km. to 2.800 of Akhanda Godavari Left Bank (upstream side of Sir Aurthor Cotton Barrage) in Rajahmundry Town limits at the cost and expense of the petitioner within four weeks from the date of receipt of proceeding dated 25.09.2009. It is the case of the petitioner that the same is appealable and accordingly appeal was filed under Section 14 of the Act. The appeal was filed through the District Collector, East Godavari and was received by the District Collector on 20.03.2010. The grievance in this behalf is that the appeal is not taken up by the 4th respondent and still the 2nd respondent is trying to implement the order passed on 25.09.2009. Hence, the writ petition.
2. Heard learned counsel for the petitioner and learned Government Pleader for respondents 1 to 3.
3. Having regard to the scope and object of Rivers Conservancy Act the 2nd respondent issued the proceedings dated 25.09.2009. The Act provides for an appeal to be presented through the 5th respondent. The appellate authority is the 4th respondent. The delay in the matter has not only defeated the object of the Act, but even the petitioner is kept in dark about her enjoyment of the construction in Survey No.588/2, Pidimgoyya Village.
4. With a view to avoid further delay in the matter, since the statutory appeal was presented by the petitioner on 20.03.2010, the 5th respondent is directed to verify the status of the appeal presented on 20th March 2013 and if already not forwarded to the 4th respondent, the 5th respondent ensures immediate despatch of the appeal to the 4th respondent, the 4th respondent is further directed to dispose of the appeal within a period of three months from the date of receipt of a copy of this order. The status quo granted by this Court shall be in force till the appeal is disposed of. The 2nd respondent/Executive Engineer is further directed to send remarks on the appeal filed by the petitioner and cooperate for proper disposal of the appeal.
5. With the above direction, the writ petition is disposed of.
6. Pending miscellaneous petitions, if any, shall stand closed in consequence. No order as to costs.
S.V. BHATT, J Date: July 24, 2014.
BSB HON’BLE SRI JUSTICE S.V. BHATT
WRIT PETITION No.14611 of 2010
Date: July 24, 2014
BSB