ORDER:

This writ petition is filed under Article 226 of the Constitution of India, to issue writ of mandamus declaring the action of the Respondent Nos.6 and 7 in taking possession of the Vemulapadu Safe Drinking Water Plant situated in Survey No.343 of Vemulapadu Village without any power or authority and without issuing any notice illegal arbitrary and violation of Articles 14 & 21 of the Constitution of India and consequently direct the Respondents No 6 and 7 to redeliver the possession of the Vemulapadu Safe Drinking Water Plant situated in Survey No 343 of Vemulapadu Village to the petitioner.

The brief facts of the case are that, petitioner is one of the seven members of Vemulapadu Safe Drinking Water Committee, M. Vemulapadu Village, Santhanuthalapadu Mandal, Prakasam District. Due to non-availability of ground water, the petitioner and other villagers intended to set-up safe drinking water plant in the village. The petitioner came to know that N.T.R Memorial Trust, Hyderabad is providing financial assistance for setting up the water plant in the village to cater the needs of the villagers. As required, a committee was formed by the villagers and opened bank account with Union Bank of India, Chilakapadu Branch. One of the condition specified by the N.T.R. Memorial Trust is that 1/4th cost towards the plant shall be contributed by the committee and remaining 3/4th cost shall be contributed by the Trust. After complying with the above condition, N.T.R Memorial Trust purchased machinery for setting up safe drinking water plant in the village. Further, it is stated that, one Arikatla Venkata Subbaiah donated land admeasuring Ac.0-03 cents in Sy.No.343 of M. Vemulapadu Village, by executing gift deed vide Document No.9250 dated 20.12.2011 in favour of N.T.R Memorial Trust. After such donation of the land and after receipt of 1/4th contribution of amount, N.T.R Memorial Trust established the said drinking water plant and named it as 8N.T.R. Sujala Rakshitha Manchineeti Sadupayam9. The petitioner obtained permission from the sixth respondent – Gram Panchayat for establishing safe drinking water plant and also obtained electricity connection from the electricity department, and brought the water plant into operation. After completion of construction, the drinking water plant was put into operation and has been catering the needs of the villagers without there being any complaint or blemish against the Committee and at the rates fixed by N.T.R Memorial Trust. The said plant has been running under the management and control of the said Committee since 2012. Further, Respondent No.6 – Gram Panchayat also accorded permission for construction and installation of water plant by way of resolution and the same was confirmed by the Executive Authority vide proceedings dated 02.01.2012 issued by the Panchayat Secretary. While so, in the local body elections conducted in the year 2020, one Erla Vijaya Lakshmi was elected as Sarpanch of the village. She along with some of the persons belonging to the ruling party hatched a plan to take over the water plant from the committee. Pursuant to the plan, on 11.08.2021, Respondent No.7, claiming to be the Secretary of Respondent No.6 suddenly took possession of the water plant without following due procedure as contemplated under the Act, on the ground that the plant belongs to the Gram Panchayat, since the same was established at the site of Gram Panchayat, the Gram Panchayat contributed the amount for establishment of the said plant.

Respondent No.6 – Gram Panchayat filed counter affidavit, denying material allegations, inter alia stating that, land admeasuring an extent of Ac.0-08 cents in Sy.No.343 of Vemulapadu Village originally belonged to one Arikatla Subbaiah and the said individual executed a registered gift deed in favour of Gram Panchayat for construction of Sri Nidhi Building in the year 2000. By virtue of the said registered gift deed, entire extent of Ac.0-08 cents is vested with the