HON’BLE THE CHIEF JUSTICE SHRI ANIL R. DAVE AND HON’BLE SRI JUSTICE GOPALA KRISHNA TAMADA W.A. No.123 of 2008 Date:15-2-2008 Between: Sri Kamadi Matha Raju and another. …. Appellant. and District Collector, East Godavari District, Kakinada and others. … Respondents. :JUDGMENT: Per Anil R. Dave, CJ Order passed in Writ Petition No.10208 of 2007 dated 4.7.2007 has been challenged in this appeal. The short question involved in the appeal is, whether the land in question falls within the ambit of Sub-section (1) of Section 58 of the Andhra Pradesh Panchayat Raj Act, 1994. According to the Government authorities, the land in question never vested in the gram panchayat, whereas according to the gram panchayat the land had vested in the panchayat. The learned Single Judge has come to the conclusion that the land did not vest in the panchayat and accordingly dismissed the writ petition. As there is no material placed before us to establish that the land in question had vested in the gram panchayat, in our opinion, the gram panchayat cannot be said to have acquired any right in respect of the land in question. The appeal is, therefore, liable to be dismissed. However, if the appellants-petitioners feel that the land in question is a poramboke land, which was used as a burial ground, it would be open to them to approach the Government in terms of Explanation to sub-section (4) of Section 58 of Andhra Pradesh Panchayat Raj Act, 1994. Subject to the above, the appeal is dismissed with no order as to costs. ANIL R. DAVE, CJ 15th February, 2008 GOPALA KRISHNA TAMADA, J vtv