IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5047 of 2008 Between: Devarapalli Gram Panchayat, Rep by its Sarpanch, Sri Kilaru Suri Appa Rao, S/o. Late Chandraiah, aged 58 years, Devarapalli (PO) & (Mandal), Visakhapatnam District. ..... PETITIONER AND 1 The Tahsildar, Devarapalli (PO) & (Mandal), Visakhapatnam District. 2 The District Collector (P.W.),. Visakhapatnam. .....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the affidavit filed herein the High Court may be pleased to issue a writ, order or direction in the nature of Mandamus declaring the action of the respondents in trying to distribute house-site and land pattas in respect of "Billela Metta" Poramboke land in an extent of Ac. 161.75 cents in Sy.No. 20 (Old Sy.No.1-A and 1-C) of Devarapalli Village and Mandal, situated within the jurisdiction of Devarapalli Gram Panchayat as per notice affixed to the Notice Board of the office of the Gram Panchayat as being illegal, unjust, arbitrary and violative of Article 14 of the constitution of India and the provisions of AP Panchayat Raj Act of 1994 and in particular section 121. Counsel for the Petitioner: MR.E.V.BHAGIRATHA RAO Counsel for the Respondents:GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON'BLE MR JUSTICE GOPALA KRISHNA TAMADA WRIT PETITION No.5047 of 2008 ORDER: Petitioner, which is a Gram Panchayat, assails the action of the respondents in trying to distribute house site and land pattas in respect of Billela Metta poramboke land admeasuring Acs.161.75 cents in Sy.No.20 (old Sy.No.1-A and 1-C) of Devarapalli village, to the weaker sections of society. Petitioner states that without issuing notice to it or without the permission or resolution of it, the first respondent tried to distribute house site and land pattas to weaker sections. Coming to know of the said action of the respondents, the petitioner made a representation to the second respondent on 23.02.2008, but the second respondent has not passed any orders so far. Petitioner further states that if house site pattas are distributed till the second respondent passes orders on its representation, it suffers irreparable loss. Hence, it seeks appropriate directions in this regard. Heard Sri E.V.Bhagiratha Rao, learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and Rural Development. As the petitioner has already made a representation to the second respondent, it is suffice if the second respondent is directed to consider the said representation of the petitioner and pass appropriate orders in accordance with law. Accordingly, the writ petition is disposed of directing the second respondent to consider the representation of the petitioner dated 23.02.2008 and pass appropriate orders in accordance with law, within a period of eight weeks from today. Till then, the land in question shall not be distributed by way of house site/land pattas to weaker sections. There shall be no order as to costs. __________ 11.03.2008 Note: Communicate the operative portion of the order by wire at party’s cost. (B/o) sh