HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
PRESENT THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.27143 OF 2008 DATED:1.12.2014 Between:
Dr. Muni Chandra Babu … Petitioner And The District Collector Chittoor District and others … Respondents THE HON’BLE THE CHIEF JUSTICE SRI KALYAN JYOTI SENGUPTA AND THE HON’BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO.27143 OF 2008 ORDER: (per the Hon’ble The Chief Justice Sri Kalyan Jyoti Sengupta) This public interest litigation has been filed in the year 2008. It is alleged therein that there has been encroachment of tank bed land of Edulagunta Irrigation Tank, which is located in Appalayagunta Village, Tottembedu Mandal, Chittoor District, and in spite of that no action has been taken for their eviction by the concerned officials of the respondent State Government.
A counter affidavit has been filed. In the said counter, it is admitted that there is encroachment of the tank bed land and the same has been continuing for a number of years. In spite of that fact, no action was taken.
We think that there has been total inaction on the part of the Government which is supposed to protect government land, so that it is not encroached by any encroacher, and to utilize for the benefit of the public. It is stated in the counter affidavit that the tank is no more in existence and it has become dried. Whatever may be position as regards nature of the land, it is the Government property. We therefore direct the first respondent – Collector to take all steps in accordance with law for removal of the encroachments and this shall be completed within a period of two months from the date of receipt of a copy of this order.
The writ petition is accordingly disposed of.
The matter to appear ten weeks hence for reporting compliance by the Collector.
Pending miscellaneous petitions, if any, shall stand closed. There will be no order as to costs.
K.J. SENGUPTA, CJ SANJAY KUMAR, J 1.12.2014 bnr