HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23333 of 2008 Date: 8th November 2010 Between : Yellamanchili Gram Panchayat, Yellamanchili, rep. by its Sarpanch. …….Petitioner And The Government of A.P., rep. by its Principal Secretary, Panchayat Raj & Rural Development (RWS-III) Department & others. ….Respondents HON’BLE SRI JUSTICE R. SUBHASH REDDY WRIT PETITION No.23333 of 2008 ORDER : In this writ petition, the petitioner seeks declaration by way of Mandamus, declaring the action of respondent No.3 in alienating the land of the petitioner-Grampanchayat, covered by Sy.No.88 of Yellamanchili village, which is Gramakantham land, to the 4th respondent for construction of Anganwadi centre, as illegal and arbitrary. It is the case of the petitioner that the land admeasuring Ac.1.28 cents covered by Sy.No.88 in Ramnagar Ward of Yellamanchili village, is a Gramakantham land and vests with the Grampanchayat, but inspite of the same, without following the procedure as contemplated under Section 58 of the A.P.Panchayat Raj Act, 1995, the said land is being alienated in favour of respondent No.4. A detailed counter affidavit is filed by the Tahsildar, Yellamanchili Mandal of Visakhapatnam District, on behalf of respondents 1 to 3. While denying the various allegations made by the petitioner, it is stated in the counter affidavit that the Child Development Project Officer, ICDS Project, Yellamanchili, has filed an application before the Tahsildar, Yellamanchili, for allotment of Ac.0.10 cents of Government land for construction of Anganwadi Centre at Ramnagar in Yellamanchili village. On his representation, Ac.0.10 cents of land was identified in Sy.No.88 near the residential area of Ramangar and a report was submitted to that effect, to the District Collector, Visakhapatnam. Thereafter, the District Collector, vide his letter, dated 05.03.2008, issued in Rc.No.623/08/E4, has allotted Ac.0.10 cents of land to the Child Development Project Officer, ICDS Project, Yellamanchili, for construction of Anganwadi centre and the same was handed over to the Child Development Project Officer on 18.03.2008. In the counter, it is further stated that the land admeasuring Ac.1.28 cents covered by Sy.No.88 of Yellamanchili village is classified as Gorja Poramboke and the same vests with the Government, and as such, it is not covered by the provision under Section 58(1) of the A.P.Panchayat Raj Act, 1995. A perusal of the provision under Section 58 (1) of the A.P. Panchayat Raj Act shows that certain poramboke lands, namely, grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart-stands and topes, vest with the Grampanchayat, but not all the porambokes. Alongwith the counter affidavit, a copy of the Settlement Adangal of the village, is also filed, which indicate that the land in question is a Gorja poramboke land, in which event, it will not vest with the Grampanchayat under Section 58(1) of the A.P.Panchayat Raj Act, but will be in the custody of the Government, and hence, the same was alienated for public purpose. In that view of the matter, I do not find any illegality in alienating such land in favour of respondent No.4. For the aforesaid reasons, the writ petition is devoid of merit and it is accordingly dismissed. No order as to costs. ______________________ R. SUBHASH REDDY, J 8th November 2010 ajr