THE HON’BLE SRI JUSTICE GODA RAGHURAM Writ Petition No.20614 of 2002 ORDER: The writ Petition is filed by the Pallevada Gram Panchayat, Kaikalur Mandal, Krishna District, apprehending assignment of land in RS No.286 part of Thokalacheruvu, Pallevada Village to the third respondent. 2. The petitioner claims that an extent of Acs.4.54 cents in RS No.286 of the village is a tank locally known as Thokalacheruvu, which is being utilized for drinking purpose of the villagers. The Gram Panchayat earlier filed W.P. No.22946 of 2000 against the District Collector and the Assistant Director, Fisheries, Kaikalur, seeking a declaration that the tank vests with Gram Panchayat under the provisions of the Panchayat Raj Act, 1994 and during the pendency of the said Writ Petition since respondents 1 and 2 are taking steps to assign the lands covered by the tank to the third respondent, the present writ petition is filed. 3. W.P. No.22946 of 2000 earlier filed by the petitioner herein has been disposed of by an order dated 18-07-2007. It was recorded therein on the basis of a counter-affidavit filed by the second respondent therein that the Collector, Krishna District, through proceedings dated 23-12- 1997 has directed the M.R.O. Kaikalur to resume the land to the Fisheries Department duly rejecting the claim of the Fisheries Department for the land in question. An extent of Acs.4.41 cents out of the total extent of Acs.4.54 cents of the tank land was handed over to the Mandal Revenue Officer, Kaikalur, on 13-09-2002. T h e Mandal Revenue Officer vide proceedings dated 12-01-2002 proposed to re- allot the land to the Gram Panchayat. The respondents in the earlier W.P. No.22946 of 2000 had also filed counter-affidavit that there was no proposal to assign the land in favour of the third respondent herein. 4. In the circumstances stated above, cause in the writ petition does not survive. Hence, the Writ Petition is dismissed as infructuous. No order as to costs. ______________ G.RAGHURAM, J. Dated 13-02-2009. SKMR IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE THIRTEENTH DAY OF FEBRUARY TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 20614 of 2002 Between: Pallevada Gram Panchayat Rep. by its Sarpanch Smt. Dutta Lakshmi Kaikalur Mandal, Krishna District. ..... PETITIONER AND 1 The District Collector Krishna District, Chilakalapudi, Machilipatnam. 2 The Mandal Revenue Officer Kaikalur Mandal, Krishna District. 3 Mr S. Azger Ali Ex-IAF, H.No. 23A-11-18., R.R.Peta, Eluru-534 002. West Godavari 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 issue a writ, or order or direction more particularly one in the nature of Mandamus declaring the proposed assignment of land in RS No. 286 part of Thokalacheruvu, Pallevada Village, Kaikalur Mandal, Krishna District to the 3rd respondent as wholly without jurisdiction, illegal and arbitrary, and pass such other order or orders as this Hon’ble Court may deem fit and proper in the circumstances of the case. Counsel for the Petitioner:MR.P.SRI RAGHU RAM Counsel for the Respondent No.: GP FOR REVENUE The Court made the following :