THE HON’BLE MR JUSTICE L. NARASIMHA REDDY Writ Petition No.5040 of 2009 ORDER: The petitioner is a Gram Panchayat of Ravulakollu Village, Atmakur Mandal, Nellore District. It feels aggrieved by the action of the respondents in selling the juliflora growth, existing on the tank and water spread area of an irrigation tank. It is stated that on a request made by the Gram Panchayat, the District Panchayat Officer, Nellore, the 2nd respondent, issued a notification dated 17-02-2009, proposing to conduct auction of the tree growth, and in the meanwhile, the 4th respondent came forward, stating that he was assigned the rights to cut tree growth by the irrigation department, vide proceedings dated 02-05-2008, issued by the Executive Engineer, Irrigation and Command Area Development, the 3rd respondent herein. The petitioner claims that the water bodies and tank beds vest in the Gram Panchayat, and there was absolutely no justification for the 3rd respondent in assigning such rights in favour of the 4th respondent. Heard the learned counsel for the petitioner and learned Government Pleader for the respondents. The A.P. Panchayat Raj Act, 1994, (for short ‘the Act’) contains several provisions, which vest certain properties in panchayaths, exclusively. Section 80 of the Act provides for vesting of water works in the Gram Panchayats. The tank, no doubt, can be treated as water work. The proviso to sub-section (1) of Section 80 of the Act, however, exempts the irrigation works and tanks from vesting. It is not in dispute that the tank had an area of 304 acres of submergence. That is an important source of irrigation. Therefore, it does not vest in the Gram Panchayat. In that view of the matter, the petitioner cannot claim any rights over the tank, much less the tree growth, on the tank bed or bund. The writ petition is accordingly dismissed. There shall be no order as to costs. ________________________ Dt.13-03-2009. L. NARASIMHA REDDY, J. KO