ORDER :

This Writ Petition is filed by the petitioner seeking the following relief :

“declaring the action of the respondent authorities in

(a) not taking any steps or measures in restraining the 8th respondent in making Construction without obtaining building approval in an extent of 5 cents in Sy. No. 102/3B, being part of burial ground situated in Nattarameswaram village, Penumantra Mandal, West Godavari District land in spite of representation by the villagers dated 16-06-2021 as illegal, arbitrary and Articles 14, 21, 19(1)(g) and 300-A Constitution of India and consequently direct the respondents to remove the illegal and unauthorized constructions made in an extent of 5 cents in Sy. No. 102/3B situated in Nattarameswaram village, Penumantra Mandal, West Godavari District and;

(b) declare the action of the 5th respondent in issuing possession of the land to an extent of Ac. 5 cents in Sy. No. 102/3B in Nattarameswaram village, Penumantra Mandal, West Godavari District, which is a burial ground vide proceedings No. 1646792/2018 dated 9-07-2019 as illegal, arbitrary, without Jurisdiction and contrary to the A.P. Board of Revenue Standing Orders as the said land is a burial ground and consequentially set aside the said proceedings”.

2. Respondent Nos. 6, 7 and 8 filed their Counter Affidavits.

3. Heard Sri K.B. Ramanna Dora, learned counsel for the petitioner, and the learned Standing Counsel for Gram panchayat appearing for Respondent No.7 and Sri Soma Raju Yelisetti, learned counsel appearing for Respondent No.8. Perused the material available on record.

4. The case of the petitioner is that the petitioner is a small farmer and ward member of Nattarameswaram Village, Penumantra Mandal, West Godavari District. The land in Sy.No.102/3B is a burial ground from time immemorial. In 2010, the Central Government constructed several public toilets in the said land for the use of villagers. Respondent No.8 in collusion with Respondent No.5 has obtained proceedings No.1646792/2018, dated 09.07.2019, wherein respondent No.5 issued possession certificate with respect to 5 cents in Sy.No.102/3B in Nattarameswaram Village for construction of a house with a false observation that respondent No.8 is in possession of the said land since 12 years. When respondent No.8 is trying to construct a house in the said land without obtaining any permission from the Panchayat Authorities, the villagers approached the Panchayat Authorities by making a representation dated 16.06.2021, but they did not take any action on the representation submitted by the petitioner. Therefore, the Writ Petitioner filed the present Writ Petition challenging the action of respondent No.5 in issuing the possession certificate in favour of respondent No.8.

5. Learned counsel for the petitioner submits that as per Section 58 (1) of the A.P. Panchayat Raj Act, 1994, Government Porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart stands and topes vests with the Gram Panchayat and unless there is a notification specifically divesting the land from the panchayat, the Government has no power to deal with these lands. There is no notification in the official gazette by the Government of Andhra Pradesh in respect of land in Sy.No.102/3B. In the absence of any notification, the Government shall not claim the land and as such, respondent No.5 does not have power to issue the impugned proceedings.

6. Learned counsel for the petitioner further submits that in the year 2010, the villagers made a representation to the authorities concerned to notify and earmark the said land as burial ground in the revenue records. Basing on the representation, the then District Collector issued proceedings to earmark the said land as burial ground. If respondent No.8 is allowed to construct a house in the said land, the very purpose of keeping a particular site as burial ground will be defeated. Therefore, the proceedings issued by respondent No.5 are liable to