ORDER

The present writ petition is filed under Article 226 of the Constitution of India seeking the following relief:

“…to issue appropriate order or direction more particularly, one in the nature of Writ of Mandamus declaring the notice issued by the 4th respondent in Roc.No.445/2019/B dated 19.03.2020 under section 6 of the Andhra Pradesh Encroachment Act-III of 1905 where by directed to vacate the land in Sy.No.373-1 of A. Gokavaram Village, Unguturu Mandal, West Godavari District and the further action of the respondents in resorting to dispossess Sri Kondanda Ramalayam Temple, Timmayapalem from its land admeasuring Ac. 1.61 cents in Sy.No.373-1 of A. Gokavaram Village, Unguturu Mandal, West Godavari District which were donated by the respective owners for grant of house sites as illegal, arbitrary, high handed, ultra-virus, against to the principles of natural justice, contrary to the provisions of Andhra Pradesh Land Encroachments Act, 1905, G.O.Ms.No.187 Revenue (Assn.I) Department dated 27.05.2015 apart from being violative of Article 14, and 300-A of the Constitution of India and consequentially set aside the said notice and direct the respondents not to dispossess Sri Kondanda Ramalayam Temple, Timmayapalem from the above land and not to grant house site pattas in the above land and to pass such other order or orders....”

2. The case of the petitioner, in brief, is that the land in Sy.No.373-1 of A.Gokavaram Village, Unguturu Mandal, West Godavari District is classified as Gramakantam. The said land belonged to several villagers and some of them donated their respective lands to Sri Kodanda Ramalayam Temple which was situated in Gramakantam land. The said temple is managed by Sri Kodanda Ramalayam Alaya Committee Kammavari Samithi. Petitioner is the president of the said committee. The extent of land donated to the temple is Ac.1- 61 cents in Sy.No.373-1. Respondents are proposing to grant house site pattas to the weaker sections in respect of land in Sy.No.373-1, the land donated to the temple. Petitioner filed W.P.No.5650 of 2020 and the same was allowed on

05.03.2020 in terms of order in W.P.No.1675 of 2020.

3. On 12.06.2020, the Revenue Inspector, Unguturu along with the 5th respondent and others entered into the subject land and started levelling the same. The 4th respondent furnished copy of notice vide Roc.No.445/2019/B dated 19.03.2020 under Section 6 of the Andhra Pradesh Land Encroachment Act, 1905 (for short „the Act‟). Before the service of notice under Section 6 of the Act, notice under Section 7 was not served to the petitioner.

4. Since the land was classified as Gramakantam, the land was neither vested with the Revenue Department nor Panchayat. According to G.O.Ms.No.187 dated 27.05.2015, the land is deemed to have been vested with Gram Panchayat and Gram Panchayat has to take the responsibility in respect of Gramakantam land. The property was not listed in the property inventory list of the 5th respondent Gram Panchayat as required under the Andhra Pradesh Gram Panchayats (Protection of Property) Rules, 2011. With these averments, the above writ petition is filed.

5. Respondent No.4 filed the counter affidavit. It was contended inter-alia that an extent of Ac.1-21 cents out of an extent of Ac.6-08 cents in R.S.No.373-1 of Thimmayyapalem Village, hamlet of Gokavaram was identified for the purpose of distributing house sites. An extent of Ac.1-21 cents is under the custody of Gram Panchayat, Thimmayyapalem.

Eventually, prayed to dismiss the writ petition.

6. Heard Sri K.Ramesh Babu, learned counsel for the petitioner and learned Government Pleader for Revenue appearing for respondent Nos.1 to 4 and learned Standing Counsel appearing for respondent No.5.

7. Learned counsel for the petitioner reiterated the contentions as per the averments made in the writ affidavit and learned Government Pleader for Revenue reiterated the contentions as per the averments made in the counter affidavit.

8. As seen from the pleadi