SARPANCH POLAKALA GRAM PANCHAYAT Vs. DISTRICT COLLECTOR CHITTOOR

JUDGEMENT

(1.) This Public interest petition is filed by the Sarpanch of the village protesting against the distribution of "Grama Natham" land as house-sites. In the counter-affidavit, it is accepted that the land is a "GRAMA NATHAM" land but it is merely stated that all formalities have been followed for distributing the same. However, as pointed out by the learned Counsel for the petitioner the community land vests with the Panchayat under Sec.58 of the Panchayat Raj Act. Unless there is a notification specifically divesting the land from the Panchayath, the Government has no power to assign it to anybody else. Since such a notification was not filed along with the counter-affidavit or produced, no mention of such notification being made in the counter-affidavit, I take it that the land in question still belongs to the Panchayat under Sec.58 of the Act.

(2.) Unless such a notification is made, it cannot be distributed or assigned to any one else. Hence, the impugned order distributing the lands is quashed. The Government is, however, at liberty to take such steps for distribution of the land in case the land is notified properly.

(3.) Accordingly, the writ petition is allowed. No costs.