Possession certificates issued by a Panchayat Secretary are invalid under G.O.Ms.No.546, barring the transfer of any rights to property without legal authority.

Since the issue involved in both the writ petitions is one and the same, and the relief sought is identical, this Court is inclined to pass the following

ORDER :

1. For convenience of the Court the facts in W.P.No.22035/2020 taken into consideration for rendering this order.

2. Learned counsel for the petitioner is that the petitioner is absolute owner and possessor of the vacant land to an extent of Ac.0.3½ cents situated in D.No.287 of Munugodu Village, Amaravathi Mandal, Guntur District having acquired the same through a registered gift deed dated 08.08.2019. Since then he has been in peaceful possession and enjoyment of the subject property.

3. While so, the Respondent Nos.5 to 7 highhandedly taking steps for laying road through the petitioner’s subject land without following due process of law and without observing the principles of natural justice. Hence the writ petition.

4. On the other hand respondent No.4-Gram Panchayat, filed counter-affidavit, wherein it is stated as under:

“2. It is submitted that I have joined as a Panchayat Secretary to this gram panchayat on 07.06.2018. While I am working as such I went on leave for 3 days i.e., from 24.07.2019 to 26.07.2019. during my absence one Sri B. Srinivasa Rao, Panchayat Secretary of Attaluru was given incharge to the gram panchayat. He being the inchrage of the gram panchayat, issued the declaration certificate (possession certificate) dated 26.07.2019 in favour of the father of the petitioner. On 24.07.2019 he has also given the similar certificate in favour of Shaik Barakath Bee. Basing on this certificate the said Barakath Bee executed the registered gift deed dated 24.07.2019 wherein boundaries mentioned as East: Panchayat road (which is the present subject matter), South: Shaik Mastan Valli and others, West: Shaik Chinna Moulali site, North: Ganapareddy site. Contrary to the said boundaries the incharge secretary having colluded with the petitioner and his donor had issued the possession certificate 26.07.2019 for the site to an extent of Ac.0.3 ½ cents including the road by showing the boundaries on Western side is the Shaik Moulali site. It is pertinent to mention here that the Panchayat Secretary has no authority or power to issue the possession certificate. In fact as per the Government Order in G.O.Ms.No.546, dated 30.06.1997 the Tahsildar is alone competent to issue the possession certificate in the Panchayatsite that too only after physical inspection. Hence, the petitioner got the registration of the gift deed basing on the invalid possession certificate issued by the incharge panchayat secretary, thereby the alleged gift deed is null and void.

3. It is submitted that to avoid the litigations pursuant to the G.O.Ms.No.546, the District Collector as well as the District Panchayat Officer of the Guntur District categorically directed the officers concerned not to issue the possession certificate over the panchayat site (gramakantam) except the Tahsildar/Revenue Officer concerned. Hence, the registered documents produced by the petitioner is not valid in the eye of law. It is pertinent to mention here that there is a existing panchayat road. The petitoner by colluding with the incharge panchayat secretary got the possession certificate over the panchayat road and got registered the sites on his name and now alleging that the gram panchayat laying the road through his private site.

5. It is submitted that the site to an extent of Ac.0.03 ½ cents in D.No.287 which is alleged to have been succeeded by virtue of the registered gift deed which was registered basing on the illegal possession certificate given by the incharge panchayat secretary.

The petitioner or his donor never been in possession of the pan