IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) WEDNESDAY, THE SEVENTEENTH DAY OF SEPTEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE SRI JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 23650 of 2006 Between: The Eluru Central Excise Employees Cooperative Building Society Ltd., Vatluru, rep. by its Director, Sri Uppalapati Sri Ramprasad, S/o. V.R.K.Sayojirao, Hindu, Age: 42 years, R/o.Vatluru, W.g.District. ..... PETITIONER AND 1 The District Panchayat Officer, West Godavari District, Eluru. 2 The Executive Officer, Vatluru Grama Panchayat, Vatluru, w.G.District. 3 The Sarpanch, Vatluru Grama Panchayat, Vatluru, w.G.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 issue order or orders or writ more particularly one in the nature of writ of mandamus declaring the action of the respondents 2 and 3 in interfering with the peaceful possession of the petitioner's land admeasuring Ac.0.17 cents situated in survey No.162/3 at Vatluru, village, Pedapadu Mandal, W.G.District, is illegal, unauthorised and misuse of power and to pass such other order or orders. Counsel for the Petitioner: MR.M.L.ALI Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following ORDER: The petitioner is a Cooperative Building Society Limited of Central Excise Employees at Eluru. It acquired site and allotted plots to its members. An extent of Ac.0.17 cents of land in R.S.No.162/3, Vatluru Village is abutting the land owned by the petitioner-society. It submitted an application to the Gram Panchayat as well as Revenue Authorities for assignment of the said land. The Gram Panchayat is said to have passed a resolution on 07.07.2003 stating that it has no objection for allotment of the said land in favour of the petitioner. The Mandal Revenue Oﬃcer, Pedapadu addressed a letter, dated 13.10.2003, to the Revenue Divisional Oﬃcer, Eluru, recommending the allotment of the said land. The grievance of the petitioner is that even while the said proceedings are pending, respondents 2 and 3 are interfering with the possession over the land. Heard the learned counsel for the petitioner and the learned Standing Counsel for Panchayat Raj. The petitioner does not dispute the fact that Ac.0.17 cents of land in R.S.No.162/3 is kalva poramboke and the proceedings for its allotment are still pending before various authorities. Unless and until a ﬁnal allotment is made, the petitioner cannot derive exclusive rights over it. At the same time, the Gram Panchayat also cannot alter the nature of the land, once it has expressed its willingness for the land being allotted to the petitioner. For the foregoing reasons, the writ petition is disposed of, directing that neither the petitioner nor the Gram Panchayat shall alter the nature of Acs.0.17 cents of land in R.S.No.162/3 and no construction shall be brought thereon, by either side, till the Revenue Authorities concerned pass ﬁnal orders as to the allotment. There shall be no order as to costs. ___________________ L.NARASIMHA REDDY,J Dt:17.09.2008. kdl