IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FOURTEENTH DAY OF MARCH TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE GODA RAGHURAM WRIT PETITION NO : 13385 of 2002 Between: Rajaka Jana Sangam Rep by its President Periketi Venkata Rao, Dubacherla, Nallajarla Mandal, W.G.District. ..... PETITIONER AND 1 The District Collector, Eluru, W.G.District. 2 The Sarpanch, Dubacherla Gram Panchayath, Nallajarla Mandal, W.G.District. .....RESPONDENT(S) 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 of Mandamus or any other appropriate Writ, order or direction declaring the proposed action of the 2nd Respondent in dividing the Kometikunta Tank situated in an extent of A.C.10-00 cents in R.S. No.958 of Dubacherla Village,Nallajerla Mandal, W.G.District into two parts which was set apart to the petitioner vide resolution No.80, dt.30.3.1979 as illegal, arbitrary and contrary to law. Counsel for the Petitioner:MR.K.CHIDAMBARAM Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORAL ORDER: Writ Petition is wholly misconceived and is filed on speculation. The petitioner-Sangham seeks a declaration that the proposed action of the 2nd Respondent in dividing the Kometikunta tank situated in an extent of Ac.10.00 cents in R.S.No.958 of Dubacherla Village, Nallajerla Mandal, West Godavari District, into two parts which was set apart to the petitioner vide resolution No.80 dated 30.3.1979 as illegal, arbitrary and contrary to law. According to the petitioners, it is an association of washermen, which is neither asserted nor pleaded to be registered or formally incorporated under any law. It is a self-styled association, which has no juristic personality as per pleadings. In the writ petition, it is claimed that there are 6 tanks in Dubacherla Village, of which one known as Kometikunta tank is in an extent of Ac.10.00 cents in R.S.No.958 of the Village and was set apart for the washermen by the Gram Panchayat Resolution No.80 dated 30.3.1979. Though the said tank is in an extent of Ac.10.00 cents, the water spread is only to the extent of Ac.5.00. Ever since the Resolution of the Gram Panchayat dated 30.3.1979, the tank was being leased out to the washermen with regard to the fishing rights. Such lease was granted for the years 2002-2003. While so, the petitioner alleges that at the instance of certain local persons the Gram Panchayat is proposing to divide the tank into two parts. The petitioner asserts to have objected to such proposal by the Gram Panchayat, but the Gram Panchayat is alleged to be taking steps to divide the tank into two parts. It is also pleaded that the Gram Panchayat had filed a caveat before the Court of Junior Civil Judge, Tadepalligudem, disclosing an intention to divide the tank. In the above circumstances and even without any Resolution of the Gram Panchayat directing or ordering division of the tank, the writ petition is filed. A direction to the Gram Panchayat not to divide the Kometikunta tank in R.S.No.958 of Dubacherla Village of West Godavari District, was granted by this court on 24.7.2002. As is apparent from the facts stated above, the writ petition filed is purely speculative. No action was taken nor an order or Resolution passed by the Gram Panchayat dividing the tank. There was thus no cause of action for the petitioner to have instituted this writ petition. Filing of such a writ petition without any cause of action is an abuse of the process of law. The Gram Panchayat is a local authority having a corporate personality and is a ‘State’ within the meaning of Art.12 of the Constitution. Without any formal order or Resolution of the Gram Panchayat, there was no occasion for the petitioner to have rushed to this Court and obtained an interdictory order against the Gram Panchayat. Curiously, the petitioner has not chosen to implead the Gram Panchayat. The 1st respondent in the writ petition is the District Collector, West Godavari and the 2nd respondent-the Sarpanch, Dubacherla Gram Panchayat. The petitioner has wantonly omitted to implead the Gram Panchayat as a respondent to this writ petition and has obtained an interim order thereagainst. In view of the aforesaid circumstances, the writ petition is dismissed and with costs of Rs.10,000/- (Rupees ten thousand only) payable by the petitioner to the Dubacherla Gram Panchayat, within 30 days from the date of receipt of a copy of this order. In case the petitioner fails to pay the amount, the Dubacherla Gram Panchayat will be at liberty to take appropriate action against the petitioner- Sangham or Sri Periketi Venkatarao, the deponent of the writ petition, in case the petitioner is not a registered or incorporated body, for recovery of the costs. The Writ Petition is dismissed with costs as above. GODA RAGHURAM, J Date: 14.03.2008 cvm