Point of law : Section 46 of Act, it is the duty of the Gram Panchayat to provide certain amenities to the public and maintain them, such as construction of schools (clause iii), laying and maintenance of parks (clause vi) and other measures of public utility calculated to promote the safety, health, convenience, comfort or moral etc.

ORDER:

1. This writ petition is filed under Article 226 of the Constitution of India initially against respondent Nos.1 to 4 seeking the following relief:

“to issue a Writ of Mandamus or any other appropriate Writ, order or direction declaring the action of the Respondents in seeking to utilise the land of an extent of Ac.0.72 cts in S.Nos.385 and 380 with all subdivisions therein situate in Tatiparthi Village, Gollaprolu Mandal, East Godavari District, acquired and earmarked for community purposes in the year 1985, for purpose of house sites under Navaratnalu- Pedalandariki Illu Scheme as illegal or arbitrary.”

2. Later, respondent Nos.5 to 9 are impleaded as per the orders in I.A.No.02 of 2021 dated 18.08.2021.

3. The case of the petitioner, in brief, is that respondent No.1 acquired an extent of Ac.5.11 cents in S.No.385/1, 2, 3, 3A, 3B, 4, 5, 6, 380/2, 3 in Tatiparthi Village, Gollaprolu Mandal, East Godavari District for the purpose of distribution of house sites to the houseless poor persons. Respondents prepared layout and got approved the layout, house sites were distributed to the landless poor in the year 1985 by respondent No.4 each of an extent of Ac.0.03 cents in the above land. All the petitioners and other patta holders constructed their houses and living therein. Thus, the petitioners are in possession and enjoyment of the assigned land along with 80 other persons, who constructed their houses and living therein. At the time of approval of layout, Ac.0.72 cents was left in the layout for community purpose i.e. for Public Park, playground and community hall etc. The petitioners have been submitting representations from time to time for utilisation of the same for community purpose without any avail. While so, the officials from the revenue department visited the village especially layout and promised to take steps for sanction of funds for construction of public park, community hall etc. So far, no action is taken in the said direction though decades are rolling by.

4. The State Government in the recent past took a policy decision to distribute house site under the flagship programme “Navaratnalu- Pedalandariki Illu”. In pursuance of the same, some officials from the office of respondent Nos.2 to 4 came to the land i.e. Ac.0.72 cents, which is earmarked for community purpose, along with police people, inspected the same for distribution of the said land to the houseless poor in the village. There are no houseless poor people in the village, but house sites are sought to be given once again to the persons of choice of person in political power. The petitioners brought to the notice of the officials that the land was earmarked for communal purpose. Later, the petitioners submitted a detailed representation dated 17.06.2021 to respondent No.2 brining to his notice that the land meant for communal purpose. No reply was given and no action was taken on the representation of the petitioners.

5. It is further submitted that the son of petitioner No.1 applied for the necessary information under the Right to Information Act, but the information was not furnished. On that, son of petitioner No.1 filed an appeal before respondent No.3. Finally, respondent No.3 sent an endorsement of respondent No.4 in Rc.A/112/2021 dated 05.07.2021. The said endorsement shows that an extent of Ac.0.72 cents was earmarked as community site in the year 1985. Respondent No.4 could not give details as to how many pattas were issued in the site. It is informed that the possession of the site was taken as per G.O.Ms.No.510 Revenue (Lands-I) Department dated 30.12.2019 issued by respondent No.1, house site pattas were granted, and the said site is in Sy.No.380 and 385 and its subdivisions. It is also informed that an extent of Ac.5.11 cents in the above survey numbers was purchased from the ryots for distribution as house sites. A copy of the report of the village Surveyor, Tatiparthi village Secretariat I and II, Gollaprolu Mandal submitted to respon