THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.13868 of 2004 DATED: 22.03.2010 Between: G. Ramagopal Reddy .. Petitioner And The District Collector, Kurnool District, and others. .. Respondents ORDER: Heard the learned counsel on record. Petitioner, claiming to be the Sarpanch of Jillella Village, Gospad Mandal, Kurnool District, filed the present writ petition stating that, considering the requirement of playground for the students of Primary High School of Jillella village, the Gram Panchayat of the village passed a resolution on 18.06.2004, to allot the Government Poramboke land admeasuring 0.86 cents in Sy.No.657 of the village, which is adjacent to the Primary High School, for the said purpose. It is his further case that, pursuant to that resolution, he submitted a representation to the 1st respondent- District Collector, Kurnool, bringing to his notice the said resolution and requesting to take steps for allotment of the said Government Poramboke land for the purpose intended in that resolution, by removing the encroachments made in the said land. It is the grievance of the petitioner that his representation has not been acted upon by the respondents and the resolution passed by the Gram Panchayat on 18.06.2004 remained unimplemented. A detailed counter-affidavit is filed by the respondents, stating that the subject land is not adjacent to the School, as alleged by the petitioner, and by the time of passing of resolution dated 15.06.2004 by the Gram Panchayat, the encroachments made in the said land were regularized, as per the eligibility, as contemplated in G.O.Ms.No.508 dated 30.10.1995 and G.O.Ms.No.515 dated 19.04.2003 and house site pattas were granted in favour of the eligible persons on 15.06.2004. It is further stated that the resolution dated 18.06.2004 was sent to the Mandal Revenue Officer on 04.08.2004 i.e. after a lapse of one month seventeen days of passing that resolution, by which time pattas were distributed to the eligible persons and, in such circumstances, the request of the Gram Panchayat could not be considered by the respondents. In view of the specific stand taken by the respondents that the subject land was already allotted to eligible persons, by way of house site pattas, duly regularizing the encroachments made by them, in accordance with relevant Government Orders, by the time of passing of resolution dated 18.06.2004 by the Gram Panchayat, the relief as sought by the petitioner cannot be granted by this Court. The writ petition is devoid of merit and is accordingly dismissed. No order as to costs. ____________________________ JUSTICE N.V. RAMANA 22nd March, 2010 IBL