APHC010351452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) WEDNESDAY,THE SIXTEENTH DAY OF JULY fo TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17665 OF 2025 QMS P WH 33 ‘\o O. Between: 1. Kambala Kanakaraju, S/o. Nagesh, Aged 42 years, Occ. Cultivation, R/o. Akkireddygudem Village, Musunuru Mandal, Eluru District, District. 2. Madala Baby Sujatha,, W/o, Late Raghunadha Rao Cultivation, R/o. Akkireddygudem Village, Musunuru Mandal, Formerly Krishna District. Formerly Krishna Age 73 years, Occ. Eluru District, ...Petitioners AND 1. The State of Andhra Pradesh, Government, Panchayat Raj Department, Secretariat, Guntur District. Rep. by its Principal Secretary to Velagapudi, Amaravati, 2. The District Collector, Eluru District at Eluru. (Formerly Krishna District). Revenue Division, Eluru, Eluru 3. The Revenue Divisional Officer, Nuzvid District. (Formerly Krishna District). 4. The Tahsildar, Musunuru Mandal Eluru District (Formerly Krishna District). 5. Akkireddygudem Gram Panchayat, Rep. by its Executive Authority-Cum- Panchayat Secretary, Akkireddygudem Village District (Formerly Krishna District). Musunuru Manadal, Eluru ...Respondents of India praying that in the the High Court may be Petition under Article 226 of the Constitution circumstances stated in the affidavit filed therewith pleased to issue a writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS a), declaring the action of respondents particularly respondents 4 and 5 in deciding to grant house site pattas in favour of land less poor persons on the tank known as 'Komatikunta/Koneru Tank' spread in an extent of Ac.4.00 Cents in Survey No.200, situated in Akkireddygudem Village of Musunuru Mandal in Eluru District (formerly Krishna District) belongs to 5th respondent Gram Panchayat on the pretext of said tank was not being used, as illegal, irregular. Irrational, without any authority or sanction of law, and offends Articles 14, 21 and 300-A of Constitution of India, b) Direct the respondents particularly respondents 4 and 5 to protect the 'Komatikunta/Koneru Tank' spread in an extent of Ac.4.00 Cents in Survey No. 200 situated in Akkireddygudem Village of Musunuru Mandal in Eluru District (formerly Krishna District) belongs to 5th respondent Gram Panchayat without assigning the same in favour of third parties. lA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased to suspend the operation of resolution dt. 30.05.2025 passed by 5th respondent and consequently direct the respondents not to assign any portion of Komatikunta/Koneru tank spread in an extent of Ac. 4.00 cents in Survey Number 200 situated in Akkireddygudem Revenue Village of Musunuru Mandal in Eluru District (Formerly Krishna District) as house Sites to any third parties, pending disposal of main Writ Petition. Counsel for the Petitioners: SRI SRINIVAS AMBATI Counsel for the Respondent No.1: GP FOR PANCHAYAT RAJ Counsel for the Respondent No.2,3,4: GP FOR REVENUE Counsel for the Respondent No.5: SRI Y. KOTESWARA RAO( SC FOR GRAM PANCHAYAT) The Court made the following order: 7 APHC010351452025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) BJfiB [3329] WEDNESDAY,THE SIXTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17665/2025 Between: 1.KAMBALA KANAKARAJU, S/0. NAGESH. AGED 42 YEARS, OCC. CULTIVATION, R/0. AKKIREDDYGUDEM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT, FORMERLY KRISHNA DISTRICT. 2.MADALA BABY SUJATHA,, W/0. LATE RAGHUNADHA RAO AGE 73 YEARS, OCC. CULTIVATION, R/0. AKKIREDDYGUDEM VILLAGE, MUSUNURU MANDAL, ELURU DISTRICT. FORMERLY KRISHNA DISTRICT. ...PETITIONER(S) AND 1.THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY TO GOVERNMENT. PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI. AMARAVATI, GUNTUR DISTRICT. 2.THE DISTRICT COLLECTOR. ELURU DISTRICT AT ELURU. (FORMERLY KRISHNA DISTRICT). 3.THE REVENUE DIVISIONAL OFFICER, NUZVID REVENUE DIVISION, ELURU. ELURU DISTRICT. (FORMERLY KRISHNA DISTRICT). 4.THE TAHSILDAR, MUSUNURU MANDAL, (FORMERLY KRISHNA DISTRICT). 5.AKKIREDDYGUDEM GRAM PANCHAYAT, REP. BY ITS EXECUTIVE AUTHORITY-CUM- PANCHAYAT SECRETARY, AKKIREDDYGUDEM VILLAGE MUSUNURU MANADAL, ELURU DISTRICT (FORMERLY ELURU DISTRICT 2 KRISHNA DISTRICT). ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased otpteased to issue a writ, order or direction more particularly one in artiVu aT a), declaring the action of respondents particularly respondents 4 and 5 in deciding to grant house site pattas in favour Of land less m Tank' spread poor persons on the tank known as 'Komatikunta/Koneru zu,!,- of Ac.4.00 Cents in Survey No.200, situated Akkireddygudem Village of Musunuru Mandal in Eluru District (formerly Krishna District) belongs to 5th respondent Gram Panchayat on the pretext of said tank was not being used, as illegal, irregular. Irrational, without any authority or sanction of law, and offends Articles 14, 21 and 300-A of Constitution of India, b) Direct the respondents particularly respondents 4 and 5 to protect the 'Komatikunta/Koneru Tank' spread in an extent of Ac 4 00 Cents in Survey No. 200 situated in Akkireddygudem Village of Musunuru Manual in Eluru District (formerly Krishna District) belongs to 5th respondent Gram Panchayat without assigning the same in favour of third parties and pass in lA NO: 1 OF 202.4 PeWfon under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased Pleased to suspend the operation of resolution dt. respondent and 30.05.2025 passed by 5th . consequently direct the respondents not to assign any portion of Komatikunta/Koneru tank spread in an extent of Ac. 4 00 cents in Survey Number 200 situated in Akkireddygudem Revenue Village of Musunuru Mandal in Eluru District (Formerly Krishna District) as house Sites to any third parties, pending disposal of main Writ Petition and pass Counsel for the Petitioner(S): 1.SRINIVAS AMBATI Counsel for the Respondent(S): 1.GP FOR PANCHAYAT RAJ RURAL DEV The Court made the following: 3 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA THE WRIT PETITION NO: 17665/2025 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs;- “to issue a writ, order or direction more particularly one the nature of Writ of Mandamus declaring the action of respondents particularly respondent Nos. 4 and 5 in deciding to grant house site pattas in favour of land less poor "Komatikunta/Koneru Tank” in persons on the tank known as spread in an extent of Ac.4.00 Cents in Survey No.200, situated in Akkireddygudem Village of Musunuru Mandal in Eluru District (formerly Krishna District) belongs to 5 the pretext of said tank respondent Gram Panchayat on not being used, as illegal, irregular. Irrational, without any authority or sanction of law, and offends Articles 14, 21 300-A of Constitution of India and direct the respondents particularly respondent Nos. 4 and 5 to protect Komatikunta/Koneru Tank” spread in an extent of Ac.4.00 Cents in Survey No.200 situated in Akkireddygudem Village of Musunuru Mandal in Eluru District (formerly Krishna District) belongs to 5^^ respondent Gram Panchayat without assigning the same in favour of third parties and pass such other order.” was and the 2. Heard the learned counsel for the petitioners and the learned Standing Counsel for respondent No.5. 3. Learned counsel for the petitioners submits that the petitioners are the permanent residents of Akkireddygudem Village, Musunur Mandal, Eluru District. They are doing cultivation in the lands owned by them at the respondent/Gram Panchayat. While so, the s'*" respondent/Gram Panchayat passed a resolution by considering the request of the Sarpanch and Ward Member for allotment of land admeasuring to an extent of Ac.4.00 cents in Sy.No.200 of the Akkireddygudem Village for the purpose of granting house sites to the houseless Village. Accordingly, the Gram Panchayat poor persons of the Akkireddygudem convened general body meeting on 30,05.2025 and passed resolution No.194 to convert the said subject land into house houseless poor persons of the Village. sites for allotting the same to the 4. Learned counsel for the petitioners further submits that the said resolution is contrary to the judgment held by this Hon’ble as well as Hon’ble Apex Court, wherein it is held that the natural tanks/water bodies cannot be Court converted for any other purpose except for which that were meant for. Considering the said principle in the earlier occasion being the residents, the unofficial respondents tried to convert the said land into house plots, the petitioner herein along with others filed Writ Petition No.23912 of 2023, wherein the 4 respondent herein submitted written instructions the subject land was classified as water tank and there proposals for either allotment or for assignment of the house sites in favour of the houseless instructions, this Hon’ble Court admitting that are no same as poor persons. Considering the was pleased to close the said Writ Petition, since there is no proposal for conversion of the subject land. Contrary to the earlier instructions/stand taken by the 4'" respondent. 5 respondent passed resolution. Hence, the impugned resolution is liable to be set aside. the 5 5. Learned Standing Counsel for the S**" respondent furnished written instructions dated 14.07.2025, wherein it is stated that the Gram Panchayat passed resolution No.194, proposing to convert the subject land into house plots for allotment of the same to the houseless poor persons of the village. He also stated that similar resolution was also passed on 16.12.2014. It is further stated that the Gram Panchayat Secretary also submitted a note stating that the subject land was donated in favour of the Gram Panchayat for the purpose of providing drinking water tank, as per the wishes of the donor and also informed that so far the proposals are not forwarded to the competent authority for further action. 6. Learned Standing Counsel for the 5*'' respondent further submits that since tank is idle and entire land is not useful for any other purpose, at the request of the houseless poor persons, the Gram Panchayat passed subject resolution. 7. Considering the submissions made by both the learned counsel and on perusal of the material placed on record, it is an admitted fact that the said land was donated by one Madala Venkaiah in favour of Gram Panchayat by wishing that the Koneru Tank on the subject land should be make use by the Gram Panchayat as drinking water tank, through a registered gift deed 6 dated 26.10.1960. Since then, the subject tank has been catering the needs of the Gram Panchayat as drinking water tank. As per the evidence filed by the petitioner as on now. the said tank is also providing drinking water to the cattle and other livestock of the village. 8. The ratio laid down by the Hon’ble Apex Court in Intellectuals Forum, Tirupathi Vs. State of A.P. & Ors\ is extracted hereunder: “The tank is a communal property and the State authorities are trustees to hold and manage such properties for the benefits of the community and they cannot be allowed to commit any act or omission, which will Infringe the right of the community and alienate the property to any other person or body. ” 9. Further the Hon’ble Apex Court in HinchLal Tiwari Vs. Kamala Devi and Ors, held as follows: “It is important to notice that the material resources of the community like forests, tanks, ponds, hillock, mountain etc. are nature’s bounty. They maintain delicate ecological balance. They need to be protected for a proper and healthy environment which enables people to enjoy a quality life which is the essence of the guaranteed right under Article 21 of the Constitution. The Government, including the Revenue Authorities I.e., respondent Nos.11 to 13, having noticed that a pond Is ^ 2006 (3) see 549 7 falling in disuse, should have bestowed their attention to develop the same which would, on one hand, have prevented ecological disaster and on the other provided better environment fo te benefit of the public at liarge. Such vigil is the best protection against knavish non-abadi sites. attempts to seek allotment in respondent Nos.11 to 13 shall demolish the construction and get possession of the said land in accordance with law. The State including respondent Nos. 11 to 13 shall restore the pond, develop and maintain the same as a recreational spot which will undoubtedly be in the best interest of the villagers. Further it will also help in maintain ecological balance and protecting the environment in regard to which this Court has repeatedly expressed Its concern. Such measures must begin at the grass root level if they were to become the nation’s pride. ” 10. Time and again this Court as well as Hon’ble Apex Court directing the authorities concerned not to convert any tank/water for any other purpose except for the purpose for which it is meant for. In the instant case, the subject land is classified as water tank, moreover the donor of the subject property is also wished to continue the subject property as drinking water tank. It is also settled law, once the donor donated the particular property/object by wishing for any specific purpose, the Gram Panchayat cannot deviate the terms of the donation order. course, % 8 11. In view of the Gram Panchayat 26.10.1960 and also down by the Hon'ble Apex Court above. reasons stated above, the contrary to the terms of the resolution of the IS gift deed dated contrary to the settled preposition of law laid as well as this Court as mentioned 12. Accordingly, the Writ Petition i the resolution dated 30.05.2025 shall be no order as to costs. As a sequel miscellaneous also stand closed. IS allowed by setting aside respondent. There passed by the 5 application, pending, if any, shall AOO.O N NAGAMWA ASSISTA^^^STTJaR SECTION OFFICER //TRUE COPY// To, ■ he Pnncpal Secretaor, State of Andhra Pradesh, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District he Drstnct Collector, Eluru District at Eluru. (Formerly Krishna o. I he Revenue Divisional Officer, District. (Formerly Krishna District). 4. The Tahsildar, Musunuru Mandal District). , Eluru Nuzvid Revenue Division, Eluru Eluru District (Formerly Krishna District). 5. The Executive Authority-cum-Panchayat Secretary, Akkireddygudem Gram Panchayat, Akkireddygudem Village Musunuru Manadal, Eluru District (Formerly Krishna District). 6. One CC to SRI. SRINIVAS AMBATI Advocate [OPUC] 7. Two CCS to GP FOR PANCHAYAT RAJ RURAL DEV, High Court of Andhra Pradesh [OUT] 8.TWO CCs to GP FOR REVENUE, High Court of Andhra Pradesh [OUT] 9.0ne CC to SRI. Y. KOTESWARA RAO, Advocate (SC FOR GRAM PANCHAYAT [OPUC] 10. Two CD Copies NM U >i ^ i HIGH COURT DATED:16/07/2025 ORDER WP NO. 17665 OF 2025 r X ? 3 JU1 2025 - . ^ Current Section PesPATC>^^ f ALLOWING THE WP WITHOUT COSTS