ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India, seeking the following relief:-

<…pleased to issue an appropriate Writ Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents in threatening to dispossess the petitioners from their land adm Ac 1-21 cents i.e. 1st petitioners land adm 0-19 cents 2nd petitioners land adrn Ac 0-20 cents 3rd petitioners land adm Ac 0-22 cents 4th petitioners land adm Ac 0-20 cents 5th petitioners land adm Ac 0-22 cents and6th petitioners land adm 0-18 cents in R.S.No.140 of Ayyapurajupalem village Marripudi Mandal, Prakasam District, without following due process of law as illegal, arbitrary, violation of principles of natural justice and violation of Article 14 and Article 300A of Constitution of India and consequently direct the respondents not to dispossess the petitioners from their land without following due process of law in the interest of Justice and pass..=

It is the case of the petitioners that petitioners own and possess an extent of Ac.0.19 cents, Ac.0.20 cents, Ac.0.22 cents, Ac.0.20 cents, Ac. 0.22 cents and Ac.0.18 cents of vacant house site respectively in R.S.No.140 of Ayapurajupalem Village, Marripudi Mandal, Prakasam District. It is stated that the petitioners inherited the said property from his ancestors, since then, the petitioners are in continuous possession and enjoyment of the said property.

According to the petitioners, land in R.S.No.140 of Ayapurajupalem Village, Marripudi Mandal, Prakasam District, is classified as gramakantam and it is being used for tethering cattle and storing hay. It is stated that the total extent of land situated in R.S.No.140 of Ayyapurajupalem village is Ac.4.40 cents and it is a patta land and the same is recorded as gramakantam land. It is the grievance of the petitioners that 4th respondent - Tahsildar on 05.07.2021 came to their land and threatened them that they should vacate the land within a week and handover the same to the Government. Therefore, the petitioners sought direction to the respondents not to dispossess them from the land without following due process of law.

No counter is filed by the respondents.

Heard both learned counsel for the petitioners and learned Assistant Government Pleader for Revenue.

Undisputedly, petitioners are in possession of subject land. Gramakantam is deemed to have been vested on the Gram Panchayat on its constitution in terms of Section 53 of A.P Panchayat Raj Act. Even in G.O.Ms.No.187, dated 27.05.2015 issued based on orders in W.P No.553 of 2012, dated 09.07.2012 between Nagarala Nirvasithula Welfare Association v. The Government of A.P 1where the Court held that:

this Court in Banne Gandhi and others v. District Collector, R.R District1, which arose under A.P Panchayat Raj Act, 1994. Section 58 (1) therefore directs that all porambokes viz., grazing grounds, threshing floors, burning and burial grounds, cattle stands, carts tanks etc., vest in the Gram Panchayat. sub-section (2) thereof directs that the Government may, at any time, by notification in the A.P Gazette, direct that any porambokes referred to in sub-section (1) shall cease to vest in the Gram Panchayat.

The Government initiated steps to issue house site pattas over the land which formed part of gramakantam. The same was challenged stating that gramakanatam vests in the Gram Panchayat and that the Government cannot grant house site pattas in it. A learned Single Judge

1 2007 (4) ALD 374

of this Court held that there is no mention of gramakantam in sub- section (1) and thereby, the question of such lands vesting in the Government does not arise=.

Thus, after careful examination of matter, the Government has decided that gramakantam land vests in the Gram Panchayat, there is a need to withdraw these lands from the purview of Section 22-A of Registration Act, to remove the hardship of general public. Therefore, Government order that the District Collectors sh