The Executive Authority of a Gram Panchayat has the duty to implement the Gram Panchayat's resolutions and to remove encroachments from public land, after conducting a survey and inspection.

ORDER :

This writ petition is filed under Article 226 of the Constitution of India, claiming the following relief :

“To issue writ of mandamus declaring :

(a) That the respondents 2 to 9 failed in their statutory duty to protect the petitioner’s land in an area of about Ac.0-50 cts in Sy.No.344 of Veligandla Gram Panchayat (V&M), Prakasam District from encroachments;

(b) That the respondents 8 & 9 are acting prejudicial to the interest of the petitioner Gram Panchayat and in contravention of the petitioner’s decisions viz; Gram Panchayat’s Resolution No.6 dated 29.11.2021 and 02.08.2021 as illegal, arbitrary, violative of principles of natural justice, violative of Article 14 of the Constitution and ultravires to the provisions of A.P. Panchayat Raj Act, 1994

(c) Consequently to direct Respondent Nos. 2 to 4 to initiate disciplinary action against respondents 8 & 9 for creating and fabricating false documents supporting the clandestine claims of respondents 10 to 13 in respect of petitioner’s land in Sy.No.344.”

2. Learned counsel for the petitioner submits that, the petitioner is a Gram Panchayat, represented by its elected ward members and duly elected Sarpanch. As per the revenue record, land admeasuring Ac.4-52 cents in Sy.No.344 of Veligandla Gram Panchayat is classified as ‘Gramakantam’ and it is situated in the prime locality of the village. Most of the land is filled with permanent structures like dwelling houses. Further, land admeasuring Ac.0-50 cents in Sy.No.344 is vacant and it has been used for community purposes. Out of that, an extent of Ac.0-15 cents is used as stock point for construction material (previously used for storing farm harvest). The said land and remaining portion has been in utilization for parking of vehicles, carts and also as RTC bus stop in the village. Since the vacant land admeasuring Ac.0-50 cents in Sy.No.344 is vested with the Gram Panchayat, it is the absolute title holder and vested control over the said land. Accordingly, the petitioner – Gram Panchayat passed Resolution on 02.08.2021 proposing to construct BC,SC Hostel and Library. It is submitted that, contrary to the resolution dated 02.08.2021, Respondent Nos. 8 & 9 herein acted against the interests of the Gram Panchayat and fabricated the documents to support the clandestine claims of Respondent Nos. 10 to 13 who are busy bodies and not even the residents of the village. Learned counsel further submits that, since the land is gramakantam land, it is vested with the Gram Panchayat and Respondent No.8 has no authority or power to issue any certificates, more particularly possession certificates in favour of the unofficial respondents, which is illegal and out of jurisdiction of Respondent No.8 and in support of his contentions, learned counsel placed reliance on the judgments of the Hon’ble Apex Court in Jagpal Singh and others vs. State of Punjab, (2011) 11 SCC 396 and Janabai vs. Additional Commissioner and others, (2018) 18 SCC 196

3. Deprived of the said violations, the petitioner submitted a representations dated 30.11.2021 and 04.12.2021 to Respondent Nos. 2 to 7. But, even after receipt of the said representations, the concerned authorities have not acted upon so far. Hence, having no other option, the petitioner preferred the present writ petition.

4. Whereas, Secretary, Veligandla Gram Panchayat filed counter affidavit on behalf of Respondent Nos. 7 & 9, denying material allegations, specifically stating that the claim of the petitioner i.e. land admeasuring Ac.0-50 cents in Sy.No.344 is vacant is false and baseless. It is submitted that, said land is classified as ‘Gramakantam’ and as per the field verification on ground, it is physically in possession of the official respondents as well as the public offices which are catering the needs of the villagers. Physical possession of the land is categorized as follows: