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Judgment
L. Narasimha Reddy, J.—The petitioner is a villager of Losari village. West Godavari District. He states that there is a tank in the village spread over Ac. 7 and in the recent past, portion of it has been encroached by several persons. The petitioner complains that the respondents are proposing to put the fishing rights in the said tank into auction even without removal of the encroachments.
According to the petitioner, if the tank is put to auction after the encroachments are removed, it will fetch fairly reasonable amount.
Heard the learned counsel for the petitioner and the learned G.P. for Panchayat Raj.
From the representation dt. 20-9-2002 submitted by certain villagers to the 1st respondent, it is evident that they complained about the existence of certain encroachments in the tank. The complaint of the villagers cannot be said to be without basis. The Hon''ble Supreme Court and this Court have been taking consistent view that wherever there exist any public water bodies such as: tanks, river beds etc, no encroachments should be permitted to remain thereon. The question as to the amount which the tank may fetch after removal of the encroachments is rather secondary.
The writ petition is accordingly disposed of directing the respondents to take steps to remove the encroachments duly following the procedure prescribed by law, if necessary by taking the assistance of revenue authorities. This exercise shall be completed within a period of three months from the date of receipt of this order. No costs.