ANNA NARASIMHARAO Vs. KURRA VENKATA NARSAIAH

JUDGEMENT

(1.) These two second appeals are against two decrees passed in O.S. Nos. 1301 of 1971 and 965 of 1971 both on the file of the District Munsif Court, Guntur and confirmed in two first appeals by the District Judge, Cuntur. O.S. No. 1301 of 1971 which is a more comprehensive suit was filed by one Narasaiah in an representative capacity against the State of Andhra Pradesh, represented by the District Collector Guntur, Pedavadlapudi Gram Panchayat V. Narasimhaswamy, Anne Narasimha Rao ; the Tahsildar, Guntur, and other villagers who had impleaned themselves as party defendants. O.S. No. 965 of 1971 was filed earlier by the same plaintiff O.S. No. 1301 of 1971 is a suit in substance for a declaration that the land covered by Demarcation Nos. 416 and 417 of Pedavadlapudi Village is a Tank Poramboke which the State Government has no power to assign. As the Gram Panchayat and the State Government were not made parties to the aforesaid O.S No. 965 of 1971, earlier filed, the plaintiff filed the Second Suit O.S. No. 1301 of 1971 impleading the State Government and the Gram Panchayat. Both the suits were decreed by the Courts below. Against those decrees, the present two appeals have been filed.

(2.) D.No. 416 of Pedavadlapudi covers an extent of Ac 2.34 cents and D. No. 417 of the same village covers an extent of Ac. 3.37 cents. These lands are registered as Tank Porambokes in the Government records. Out of Ac. 3.37cents in D No. 417, the Government had assigned Ac, 3.03 cents to a political sufferer one Narasimhaswamy, who is the 3rd defendant in O.S. No. 1301 of 1971. The said Narasimhaswamy in his turn sold away Ac. 2.67 cents out of Act 3.37 cents assigned to him to the 4th defendant in O.S. 1301 of 1971, Anne Narasimba Rao under a registered sale deed dated 19th July, 1967 marked as Exhibit B-2 and Ac. 0.36 cents to another person under registered sale-deed dated 10th August, 1967 marked as Exhibit B-l. It appears that the Government had also assigned about Ac. 1.97 cents to the aforesaid Narasimhaswamy from and out of the land covered by D.No. 416. The suit was filed on the basis of allegation that these alienations made by the State Government interfere with the rights of the villagers of Pedavadlapudi preventing them, their cattle and carts from reaching their lands, situated around these Survey numbers. The Commissioner, who has been appointed by the court reported that the tank situated in the aforesaid two survey numbers is essential for the community and that there is no other public source of water for men. cattle etc. and that the bunds are absolutely essential for passage of carts, yokes, plough etc. The defendants have not filled any objections to this report of the Commissioner. The plaintiiff relying upon section 85 of the Andhra Pradesh Gram Panchayat Act pleaded that the State Government has no power to assign this tank poramboke to the 3rd defendant or to any other person. After framing the necessary issues the courts below tried these suits more on questions of law than on facts which are in any case not much in dispute. The courts below held that the judgments of this court reported in Narasiredddy v. Government of Andhra Pradesh and N- Venkata raram and others v. State of Andhra Pradesh which ruled that the Government has no power to assign these tank porambokes that vest in the Gram Panchayats undes section 85 of the Gram Panchayat Act, apply to the fact of these suits.

(3.) It is an undisputed fact in this case that Pedavadlapudi tank, situated in the aforesaid Survey Numbers 416 and 417, is registered as a tank poramboke in the records. From that fact it follows that the village community of Pedavadlapudi have a right vested in them to the user of that tank. But, that right of the community is now made subject to the provisions of section 85 of the Andhra Pradesh Gram Panchayat Act. Section 85 of the