THE HON'BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.22836 of 2010 Date: 14.09.2010 Between: Challa Venkatatnarayana and others ..... Petitioners AND The District Collector, Nellore and others .....Respondents Counsel for the Petitioners: Sri K. Muralidhar Reddy Counsel for Respondents: -- The Court made the following: ORDER: This writ petition is filed for a Mandamus to declare the action of respondent Nos.1 to 3 in interfering with the peaceful possession and enjoyment of the lands to an extent of Acs.50.00 out of Acs.81.50 cents in survey No.1 of Nagasamudram Village, Kaligiri Mandal, Nellore District, by the petitioners without following due process of law as illegal and arbitrary. I have heard the learned counsel for the petitioners and perused the record. The petitioners pleaded that survey No.1 of Nellore District comprises land to an extent of Acs.81.50 cents and that the said land is classified as Manda Bayalu (grazing land). It is the case of the petitioners that out of the said land, each of the petitioners is in possession of small extents, totaling to Acs.50.00. The petitioners relied upon a resolution dated 12.05.2010 passed by respondent No.4 Gram Panchayat, wherein it is stated that the above extent of land is in possession of different persons for the past ten years and that they be permitted to remain in possession on condition of each of them paying a sum of Rs.500/- per acre for a period of ten years. The grievance of the petitioners is that despite the said resolution, respondent No.3 is seeking to prevent them from enjoying the land. At the hearing, the learned counsel for the petitioners placed reliance on Section 58(1) of the Andhra Pradesh Panchayat Raj Act, 1994 (for short ‘the Act’), which vests all porambokes such as grazing grounds, threshing floors, burning and burial grounds, cattle stands etc., which are at the disposal of the Government and are not required by them for any specific purpose, in the Gram Panchayat. The learned counsel further stated that under Section 58(2) of the Act, if the Government needs any of those lands for any specific purpose, they may by notification declare that they cease to vest in the Gram Panchayat. The learned counsel contended that so far no such notification has been issued by the Government and that therefore, respondent No.3 has no jurisdiction to interfere with the petitioners’ possession. In the light of the above submissions, the Writ Petition is disposed of with the direction to respondent No.3 not to interfere with the petitioners’ possession of the abovementioned lands without following the procedure prescribed under Section 58(2) of the Act. As a sequel to disposal of the writ petition, W.P.M.P.No.29140 of 2010 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 14th September, 2010 Note: Issue CC in one week. (B/o) GHN