JAYACHENDRA FEDDY, J.

( 1 ) THE Gram Pancbayat of Mandapaka, represented by its Sarpanch and two of its members are the petitioners in this application seeking a writ of Mandamus or other directions directing the respondents viz. , the District collector and other District officials not to interfere with the petitioners management and control with respect to an extent of Ac. 21-68 cents in the tanks covered by R. S. Nos. 1ll, 372, 302/1 and 7 Mandapaka village.

( 2 ) THE case of the petitioners is that these tanks vest in the Panchayat and the water therein being used by the public and that therefore all these lands cannot be assigned by the Government to private persons. Relying on Sec, 85 (1) of the A. P. Gram Pancbayats Act, 1964, hereinafter referred to as the Act, it is contended by the learned counsel for the petitioners that it is the Panchayat that has the control over the maintenance of these tanks and that they vest in the Gram Panchayat and the government cannot under any circumstances except as provided under sub-section (3) of Section 85 of the Act, divest the Gram Panchayat of these tanks. The learned counsel for the petitioner relied on a judgment of justice Muktadar

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