VELIGANDLA GRAM PANCHAYAT Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief:

(2.) Learned counsel for the petitioner submits that, the petitioner is a Gram Panchayat, represented by its elected ward members and duly elected Sarpanch. As per the revenue record, land admeasuring Ac.4-52 cents in Sy.No.344 of Veligandla Gram Panchayat is classified as 'Gramakantam' and it is situated in the prime locality of the village. Most of the land is filled with permanent structures like dwelling houses. Further, land admeasuring Ac.0-50 cents in Sy.No.344 is vacant and it has been used for community purposes. Out of that, an extent of Ac.0-15 cents is used as stock point for construction material (previously used for storing farm harvest). The said land and remaining portion has been in utilization for parking of vehicles, carts and also as RTC bus stop in the village. Since the vacant land admeasuring Ac.0-50 cents in Sy.No.344 is vested with the Gram Panchayat, it is the absolute title holder and vested control over the said land. Accordingly, the petitioner - Gram Panchayat passed Resolution on 2/8/2021 proposing to construct BC,SC Hostel and Library. It is submitted that, contrary to the resolution dtd. 2/8/2021, Respondent Nos. 8 & 9 herein acted against the interests of the Gram Panchayat and fabricated the documents to support the clandestine claims of Respondent Nos. 10 to 13 who are busy bodies and not even the residents of the village. Learned counsel further submits that, since the land is gramakantam land, it is vested with the Gram Panchayat and Respondent No.8 has no authority or power to issue any certificates, more particularly possession certificates in favour of the unofficial respondents, which is illegal and out of jurisdiction of Respondent No.8 and in support of his contentions, learned counsel placed reliance on the judgments of the Hon'ble Apex Court in Jagpal Singh and others vs. State of Punjab,(2011) 11 SCC 396. and Janabai vs. Additional Commissioner and others,(2018) 18 SCC 196.

(3.) Deprived of the said violations, the petitioner submitted a representations dtd. 30/11/2021 and 4/12/2021 to Respondent Nos. 2 to 7. But, even after receipt of the said representations, the concerned authorities have not acted upon so far. Hence, having no other option, the petitioner preferred the present writ petition.