THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29137 of 2008 Dated:30.11.2010 Between: Ugginapalem Gram Panchayat, rep., by Smt. Konapalli Bhagyalakshmi .. Petitioner And State of Andhra Pradesh, rep., by Principal Secretary Revenue, Secretariat, Hyderabad and others .. Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29137 of 2008 ORDER: Heard learned counsel for the petitioner and learned Government Pleader for respondent Nos.1 to 4. This writ petition has been filed suppressing the material facts. The Ugginapalem Gram Panchayat – petitioner herein, has challenged the Land Possession Certificates (LPSs.) dated 09.12.2006 issued by the Tahsildar, Kasimkota Mandal, Visakhapatnam District – 4th respondent herein, certifying that an extent of Acs.0.02 cents of land in Survey No.115/1 situated at Ugginapalem Village is in possession of each of respondent Nos.5 and 6. The petitioner claims that the said land is a Grama Kantam and the same vests with the Gram Panchayat. It is stated that there is a temple of Goddess Nukambika Ammavari Alayam situated in Survey No.115/1. It is therefore contended that the issuance of the impugned certificates is not sustainable. Respondent Nos.1 to 4 filed counter affidavit stating that even though the land was classified as Grama Kantam, respondent Nos.5 and 6 have been residing over the said land by constructing thatched houses and the impugned certificates only certify their possession over the said land. Respondent Nos.5 and 6 have been identified as beneficiaries for grant of permanent housing under Indiramma Housing Programme. It is also stated that the petitioner passed a resolution to grant pattas to respondent Nos.5 and 6. It is further stated that neither the existing thatched houses nor the constructions taken up by respondent Nos.5 and 6 are objectionable at all for the free flow of the devotees visiting the temple and that there is a separate road formed connecting various streets to reach the temple. It is therefore stated that the impugned certificates cannot be faulted. Respondent Nos.5 and 6 have filed counter affidavit stating that they have been residing in the subject land by constructing thatched houses and their possession is certified by virtue of the impugned certificates. It is also stated that they are in legal possession by virtue of a resolution passed by the petitioner on 02.05.2006, wherein it was resolved to grant pattas to them. From the above rival submissions placed before this Court and the specific statement of fact by respondent Nos.1 to 4, it is evident that respondent Nos.5 and 6 are in legal possession of the aforesaid land by virtue of the Gram Panchayat resolution dated 02.05.2006. Unfortunately, this material fact has not been disclosed by the petitioner. In view of the above, the impugned Land Possession Certificates, which merely confirm that respondent Nos.5 and 6 are the occupants of the subject land, cannot be said to be illegal. The writ petition is, accordingly, dismissed with costs of Rs.2,000/- to be paid by Smt.K.Bhagyalakshmi, Sarpanch, Ugginapalem, Kasimkota Mandal, to the Andhra Pradesh Legal Services Authority, within a period of three (3) weeks from the date of receipt of a copy of this order. ________________ NOUSHAD ALI, J 30.11. 2010 KH