IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) MONDAY, THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION NO : 20091 of 2008 Between: 1 Avulamanda Rambabu S/o.Chinna Subba Rao R/o.Vejendla Village, Chebrolu Mandal, Guntur District. 2 Kondepati Sivaiah S/o.Venkateshwarlu R/o.Vejendla Village, Chebrolu Mandal, Guntur District. 3 Musum Jagannadham S/o.Subbaiah R/o.Vejendla Village, Chebrolu Mandal, Guntur District. ..... PETITIONERS AND 1 Divisional Panchayath Officer, Tenali, Guntur District. 2 The Vejendla Grampanchayathi represented by its Secretary, Vejendla Village, Chebrolu Mandal, Guntur District. 3 The Revenue Divisional Officer, Tenali, Guntur District. 4 The Tahsildar, Chebrolu Mandal, Guntur District. 5 The Vejendla Grama Rajaka Jana Seva Sangham rep. by its President Sri Kodedela Babu S/o.Ramaiah R/o.Vejendla Village, Chebrolu Mandal, Guntur District. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Aﬃdavit ﬁled herein the High Court will be pleased to pass a Writ, order or direction more particularly one in the nature of the Mandamus declaring the action of the 2nd respondent as illegal, arbitrary, unjust and violative of Art. 19 of the Constitution of India in converting the Vejendla Poramboke Tank into summer storage tank contrary to the welfare of the petitioners and the similarly situated persons i.e., the washerman of the village and more particularly contrary to the proceedings of the 3rd respondent in R.Dis. 6883/79 dated 24.10.1979 and may be pleased to pass such other order or orders. Counsel for the Petitioners:MRD.V.CHALAPATHI RAO Counsel for the Respondents: MR.M.PRABHAKAR RAO The Court made the following : ORDER: There is a tank over an area of about 14 ½ acres in survey Nos.363 and 649/1 of Vegendla Village of Chebrolu Mandal in Guntur District. Way back in the year 1979, the Revenue Divisional Oﬃcer, Guntur, is said to have earmarked this tank for exclusive use by washermen. The petitioners claim to be the washermen of the Vejendla Village and complain that the respondents, in particular the Vejendla Gram Panchayat, the second respondent herein, is trying to convert the said tank into a summer storage tank. Heard learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and learned Standing Counsel for the second respondent. It may be true that the Revenue Divisional Oﬃcer issued proceedings, dated 24.10.1979, earmarking the tank for the exclusive benefit of washermen. However, this did not result in change or transfer of ownership. Under the provisions of the A.P. Panchayat Raj Act, the tanks of that size vest in the Gram Panchayat. It is not as if the tank bed land is being utilized for any other purpose. Even according to the petitioners, a summer storage tank is being developed in the place of the tank. This Court is of the view that the necessities of the washermen in the village can be met by directing the respondents herein to provide adequate facility. Hence, the Writ Petition is disposed of, without interfering with the action of the respondents in trying to convert the said tank into a summer storage tank, but directing that the Gram Panchayat shall provide facilities for the washermen of the village, within a period of three months from the date of completion of the summer storage tank. There shall be no order as to costs. ____________________ Dt.15.09.2008 L.NARASIMHA REDDY, J GJ