IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) TUESDAY, THE TWENTY FIRST DAY OF OCTOBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE L.NARASIMHA REDDY WRIT PETITION No. 9825 of 2008 Between: 1 Dandu Satyanarayana Raju S/o.Rama Raju R/o.Chinakondepudi village Seethanagaram Mandal, East Godavari District 2 Vadlamuri Jagapathi Raju S/o.Sathi Raju R/o.Chinakondepudi village Seethanagaram Mandal, East Godavari District 3 Vadlamuri Satyanarayana Raju S/o.Bangarraju R/o.Chinakondepudi village Seethanagaram Mandal, East Godavari District 4 Mudunudi Sathi Raju S/o.Rama Raju R/o.Chinakondepudi village Seethanagaram Mandal, East Godavari District ..... PETITIONER(S) AND 1 Gram Panchayat, Chinakondepudi, rep.by village Secretary, Chinakondepudi Village, Seethanagaram Mandal East Godavari District 2 The Executive Engineer, R.W.S.& S Division Rajahmundry, E.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 to issue writ of mandamus or any other appropriate writ order or direction declaring the action of respondents in proceeding with their illegal action of constructing water overhead tank in the patta land of the petitioners measuring Ac.0.03 cents out of total land of Ac.10.36 cents in SY.No.472 of Chinkondepudi village, Seethanagaram Mandal, East Godavari District without following due process of law as illegal, arbitrary, and violative of principles of natural justice and for a consequential order directing the respondents not to proceed with the proposed construction of water overhead tank in the above said patta land of the petitioners without following due process of law and to pass Counsel for the Petitioner:MR.CH.DHANAMJAYA Counsel for the Respondents: MR.M.PRABHAKAR RAO The Court made the following Order: The petitioners claim to be joint owners of an extent of Ac.10.36 cents of land in Sy.No.472 of Chinakondepudi Village, Seethanagaram Mandal, East Godavari District along with large number of joint owners. Their grievance is that the ﬁrst respondent-Gram Panchayat is proposing to construct water overhead tank in an extent of Ac.0.03 cents of land in Sy.No.472. It is stated that neither any proceedings for acquisition of land were initiated nor any compensation was paid. The ﬁrst respondent ﬁled a counter aﬃdavit. It is stated that an extent of Ac.0.03 cents of land in Sy.No.472 was settled in favour of the Gram Panchayat through a registered Settlement Deed dated 17-03-2008 by Kshathriya Sangham of the Village represented by M/s Posuri Jagannatha Raju and Markandeya Chiranjeevi Raju. The ﬁrst respondent contends that the population of the village is about 10,000 and the existing facilities are not suﬃcient to supply water to the villagers and a sum of Rs.8,00,000/- is said to have been sanctioned by the Government for construction of a new water overhead tank in the village. Other grounds are also pleaded. Heard Sri Ch.Dhanamjaya, learned counsel for the petitioners and Sri K.Venkatesh, learned counsel for the first respondent-Gram Panchayat. The petitioners claim to be joint owners along with about 200 others. They do not have any absolute right over any deﬁnite extent of land. It is not a case where the Gram Panchayat has tried to construct the water overhead tank without the consent or permission of the land-owners. The Kshathriya Sangham has executed a deed of settlement on 17-03-2008. In case, the petitioners are of the view that the executants of the documents do not have the right or competence to part with the property in favour of the Gram Panchayat, they have to ﬁle a suit duly impleading the persons, who have executed the document. This Court does not ﬁnd any illegality on the part of the Gram Panchayat in proposing to construct the water overhead tank. The Writ Petition is accordingly dismissed. No order as to costs. ______________________ L.NARASIMHA REDDY,J Dt:21-10-2008 Usd To 1 The Village Secretary, Gram Panchayat, Chinakondepudi, Chinakondepudi Village, Seethanagaram Mandal East Godavari District 2 The Executive Engineer, R.W.S.& S Division Rajahmundry, E.G.District 3 Two CD copies