ORDER : This Writ Petition is filed by the petitioner seeking the following relief : “declaring the action of the respondent authorities in (a) not taking any steps or measures in restraining the 8th respondent in making Construction without obtaining building approval in an extent of 5 cents in Sy. No. 102/3B, being part of burial ground situated in Nattarameswaram village, Penumantra Mandal, West Godavari District land in spite of representation by the villagers dated 16-06-2021 as illegal, arbitrary and Articles 14, 21, 19(1)(g) and 300-A Constitution of India and consequently direct the respondents to remove the illegal and unauthorized constructions made in an extent of 5 cents in Sy. No. 102/3B situated in Nattarameswaram village, Penumantra Mandal, West Godavari District and; (b) declare the action of the 5th respondent in issuing possession of the land to an extent of Ac. 5 cents in Sy. No. 102/3B in Nattarameswaram village, Penumantra Mandal, West Godavari District, which is a burial ground vide proceedings No. 1646792/2018 dated 9-07-2019 as illegal, arbitrary, without Jurisdiction and contrary to the A.P. Board of Revenue Standing Orders as the said land is a burial ground and consequentially set aside the said proceedings”. 2. Respondent Nos. 6, 7 and 8 filed their Counter Affidavits. 3. Heard Sri K.B. Ramanna Dora, learned counsel for the petitioner, and the learned Standing Counsel for Gram panchayat appearing for Respondent No.7 and Sri Soma Raju Yelisetti, learned counsel appearing for Respondent No.8. Perused the material available on record. 4. The case of the petitioner is that the petitioner is a small farmer and ward member of Nattarameswaram Village, Penumantra Mandal, West Godavari District. The land in Sy.No.102/3B is a burial ground from time immemorial. In 2010, the Central Government constructed several public toilets in the said land for the use of villagers. Respondent No.8 in collusion with Respondent No.5 has obtained proceedings No.1646792/2018, dated 09.07.2019, wherein respondent No.5 issued possession certificate with respect to 5 cents in Sy.No.102/3B in Nattarameswaram Village for construction of a house with a false observation that respondent No.8 is in possession of the said land since 12 years. When respondent No.8 is trying to construct a house in the said land without obtaining any permission from the Panchayat Authorities, the villagers approached the Panchayat Authorities by making a representation dated 16.06.2021, but they did not take any action on the representation submitted by the petitioner. When respondent No.8 is trying to construct a house in the said land without obtaining any permission from the Panchayat Authorities, the villagers approached the Panchayat Authorities by making a representation dated 16.06.2021, but they did not take any action on the representation submitted by the petitioner. Therefore, the Writ Petitioner filed the present Writ Petition challenging the action of respondent No.5 in issuing the possession certificate in favour of respondent No.8. 5. Learned counsel for the petitioner submits that as per Section 58 (1) of the A.P. Panchayat Raj Act, 1994, Government Porambokes namely grazing grounds, threshing floors, burning and burial grounds, cattle stands, cart stands and topes vests with the Gram Panchayat and unless there is a notification specifically divesting the land from the panchayat, the Government has no power to deal with these lands. There is no notification in the official gazette by the Government of Andhra Pradesh in respect of land in Sy.No.102/3B. In the absence of any notification, the Government shall not claim the land and as such, respondent No.5 does not have power to issue the impugned proceedings. 6. Learned counsel for the petitioner further submits that in the year 2010, the villagers made a representation to the authorities concerned to notify and earmark the said land as burial ground in the revenue records. Basing on the representation, the then District Collector issued proceedings to earmark the said land as burial ground. If respondent No.8 is allowed to construct a house in the said land, the very purpose of keeping a particular site as burial ground will be defeated. Therefore, the proceedings issued by respondent No.5 are liable to be set aside. 7. Learned counsel for Respondent No.6 and 7 submits that an extent of Ac.12.21 cents covered by R.S.No.102-3B of Nattarameswaram Village stands classified as “Gramakantam” and some extent of land in the said survey number is being used as “burial ground” since long time. In the year 2018, the Gram Panchayat, Nattarameswaram, passed resolution to provide house site patta to respondent No.8 near burial ground situated in R.S.No.101 of Nattarameswaram Village of Penumantra Mandal, by demolishing existing Community Sanitary Latrine situated in R.S.No.102-3B. In pursuance of the said resolution, the then Tahsildar, Penumantra issued enjoyment certificate to respondent No.8 in an extent of Ac.0.5 cents covered by R.S.No.102-3B, which stands classified as “Gramakantam”. In pursuance of the said resolution, the then Tahsildar, Penumantra issued enjoyment certificate to respondent No.8 in an extent of Ac.0.5 cents covered by R.S.No.102-3B, which stands classified as “Gramakantam”. The construction of the present house is situated in R.S.No.102-3B, which is classified as “Gramakantam”, but not “burial ground”. Some part of the extent in R.S.No.102-3B is being utilized for burial ground and the remaining extent is covered with houses. No proceedings were received from the District Collector to earmark the said land as “burial ground” and no changes were made in the concerned records. As such, there are no merits in the Writ Petition and therefore, the same is liable to be dismissed. 8. Respondent Nos.7 and 8 contended that 8th respondent was given “possession certificate” dated 10.06.2021 by respondent No.6 to an extent of Ac.0.05 cents in Sy.No.102/3B and the said land is classified as “Gramkantam” in the revenue records. Respondent No.8 made an application dated 10.06.2021 to Respondent No.7 for grant of building permission. After considering the same, the Gram Panchayat granted the building permission vide proceedings dated 21.06.2021. Thereafter, the complaint, dt. 16.06.2021, of the petitioner was received by the respondents. Therefore, there are no merits in the Writ Petition and as such, the Writ Petition is liable to be dismissed. 9. Respondent No.8 contended that the land in an extent of Ac.0.05 cents in Sy.No.102/3B situated in Nattarameswaram Village is not a part of burial ground and also not meant for communal purposes according to the Village Revenue Records and at present, there are no public toilets existing in the subject land. In the year 2018, the Gram Panchayat, Nattarameswaram, passed resolution to provide house site patta to respondent No.8 near burial ground situated in R.S.No.101 of Nattarameswaram Village of Penumantra Mandal. In pursuance of the said resolution, the then Tahsildar, Penumantra Mandal, issued enjoyment certificate to respondent No.8 in an extent of Ac.0.05 cents covered by R.S.No.102-3B, which stands classified as “Gramakantam”. Respondent No.8 made an application dated 10.06.2021 to Respondent No.7 for grant of building permission. After considering the same, the Gram Panchayat granted the building permission vide proceedings dated 21.06.2021. When respondent No.8 is trying to construct a new house, the Writ Petitioner filed the present Writ Petition with a malafide intention to harass respondent No.8. Therefore, there are no merits in the Writ Petition. After considering the same, the Gram Panchayat granted the building permission vide proceedings dated 21.06.2021. When respondent No.8 is trying to construct a new house, the Writ Petitioner filed the present Writ Petition with a malafide intention to harass respondent No.8. Therefore, there are no merits in the Writ Petition. As such, the Writ Petition is liable to be dismissed. 10. Having considered the submissions of the respective parties and upon perusal of the material available on record, it is clear that an extent of Ac.12.21 cents in R.S.No.102-3B of Nattarameswaram Village, Penumantra Mandal, is classed as “Gramakantam”. It is an admitted fact that out of the said land, some extent of the land is being used as “burial ground” since long time. In the year, 2018, the Gram Panchayat passed resolution to provide alternative house site patta to respondent No.8, who is residing nearby burial ground situated in R.S.No.101 of Nattarameswaram Village of Penumantra Mandal, by demolishing the existing Community Sanitary Latrine situated in R.S.No.102-3B. Considering the said resolution, the then Tahsildar, Penumantra, issued “enjoyment certificate” on 09.07.2018 to respondent No.8 to an extent of Ac.0.05 cents in R.S.No.102-3B, which is classified as “Gramakantam” in RSR of Nattarameswaram Village. The Tahsildar, Penumantra Mandal, basing on the revenue records, contends that the house being constructed by respondent No.8 is situated in R.S.No.102-3B, which is classified as “Gramakantam”, but not as “burial ground”. 11. As per the stand of Respondent No.6, the land to an extent of Ac.12.21 cents in R.S.No.102-3B is classified as “Gramakantam” in RSR and only some part of the extent in the said R.S. number is being utilized for burial ground and the remaining extent is covered with houses. Respondent No.6 denied the contention of the petitioner that entire land in R.S.No.102-3B is being utilized for the purpose of burial ground. It appears, the petitioner made a representation in the year 2010, requesting the concerned authorities to notify and earmark the land being used as burial ground in R.S.No.102-3B as “burial ground” in revenue records. But, no proceedings are received from the District Collector for such change of classification from gramakantam to burial ground and no changes were made in RSR of Nattarameswaram in R.S.No.102-3B, which is classified as “gramakantam”, as of now. 12. But, no proceedings are received from the District Collector for such change of classification from gramakantam to burial ground and no changes were made in RSR of Nattarameswaram in R.S.No.102-3B, which is classified as “gramakantam”, as of now. 12. It is also to be noted that respondent No.8 belong to Below Poverty Line Category (BPL) and not having any house site and as such, the Gram Panchayat passed resolution requesting respondent No.6/Tahsildar to issue Possession Certificate in favour of Respondent No.8, and accordingly, respondent No.6 issued Possession Certificate to Respondent No.8 to an extent of Ac.0.05 cents in Sy.No.102-3B. It appears, subsequently, respondent No.8 made an application dated 10.06.2021 to the Gram Panchayat for grant of building permission and accordingly, the Gram Panchayat granted building permission on 21.06.2021. 13. Upon careful perusal of the material available on record, this Court satisfied that the land to an extent of Ac.12.21 cents situated in R.S.No.102-3B classified as “Gramakantam” as per revenue records and Ac.0.05 cents of land for which respondent No.6 issued possession certificate in favour of Respondent No.8 falls in the said land, which is classified as “Gramakantam”. As respondent No.8 is being landless poor person and belongs to B.P.L Category, basing on the resolution passed by the Gram Panchayat, respondent No.6 issued Possession Certificate in favour of Respondent No.8 and subsequently, respondent No.8 obtained permission from the Gram Panchayat for construction of the house on 21.06.2021. Having regard to all these aspects, in the considered opinion of this Court, there is no substance in the contention of the learned counsel for the petitioner and the petitioner failed to make out any case for interference of this Court under Article 226 of the Constitution of India. 14. Accordingly, the Writ Petition is dismissed. No order as to costs. Miscellaneous petitions pending, if any, in this case shall stand closed.