( 1 ) THE person-in-charge of buja Buja Nellore Gram Panchayat along with the other residents of the said Gram panchayat approached this Court seeking declaration that the action of the Respondents no. 1 to 4 converting the Uramgunta tank situated in Survey No. 36 of Buja buja Nellore Gram Panchayat, Nellore rural Mandal, Nellore District into house plots for the purpose of assignment to third parties is illegal and contrary to the provisions of A. P. Panchayat Raj Act, 1994.

( 2 ) THE facts leading to the case are that the 1st petitioner is the person-in-charge of Buja Buja Nellore Gram Panchayat, 2nd petitioner is the Upa-sarpanch of the village and other petitioners are residents. There is Uramgunta cheruvu in buja Buja Nellore Gram Panchayat over an extent of 15 acres of land in S. No. 36. The tank has been in existence since times immemorial. The tank was being used by the villagers for various community purposes such as washing purpose, drinking water by the cattle. On account of water in the tank, the ground water level in the village is also maintained. Though the mini Water Schemes were sanctioned, on account of the litigation, the scheme has not come through. The petitioners having come to know that the Respondents are taking steps to convert the tank into housing plots for assignment to the outsiders, they have been making representations time and again not to resort to such an action, which is not only illegal, but also causes great prejudice to the interest of the villagers. Even the members of the Mandal praja Parishad represented to the authorities not to convert the tank into house plots. The petitioners submit that the proposed conversion is wholly illegal and contrary to Section 80 of A. P. Gram panchayat Act, 1984 as no notification was issued by the Government as required under said Section. Further, the Gram anchayat also passed resolutions requesting the Government not to convert the said land into housing plots, thereby opposing the said proposal. It is also submitted by the petitioner that under Order No. 15 of the Board Standing Orders fore shores of tank bed are prohibited from assignment. Therefore, the very proposal for conversion is contrary to law. While admitting the Writ Petition on 11-7-1995, this Court granted interim direction not to convert tank into house-plots for assignment to the third parties. Thereupon, the Government filed counter affidavits and sought for vacation of the directions granted by this court. The Respondents No. 5 to 7 also got impleaded and sought vacation of the interim orders granted by this Court.

( 3 ) THE Respondents No. 1 to 4 had filed counter admitting the existence of the tank in S. No. 36 of Buja Buja Nellore gram Panchayat. However, they have denied that the tank was being used for cattle, washing clothes and for performance of obsequies etc. There is another tank by name lingala Cheruvu with tank bed area of 120 acres in S. No. 60 and villagers are using this tank for the purpose of drinking water and for the cattle etc. Out of antipathy to the displaced persons, who are strangers to the petitioners, the present writ Petition has been filed. It is further stated in the counter affidavit that Nellore district Administration has proposed to convert the tank bed of orrakunta Cheruvu into site poramboke for the purpose of grant of house-site-pattas to displaced persons under Kandaleru Reservoir as a part of Telugu Ganga Project. The said displaced persons have lost their lands for construction of Kandaleru reservoir, as a part of Telugu Ganga Project. It is also stated that the tanks which are used only for drinking water purposes fall within the definition of the Tank and therefore the present oorakunta Cheruvu does not fall within the parameter of Section 80 of the act. It cannot be said that it vests in the village panchayat and it must be treated as an abandoned tank. It is also stated that there is no need to give any petitions to the