LAWS(APH)-2021-3-125

MEEDURI PRASANTHI KUMAR Vs. STATE OF ANDHRA PRADESH

Decided On March 31, 2021
Meeduri Prasanthi Kumar Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) Heard Mr. Jada Sravan Kumar, learned counsel for the petitioner, learned Govt. Pleader for Municipal Administration and Urban Development for respondents 1 and 2, learned Govt. Pleader for Revenue for respondents 3, 5 and 7, learned Govt. Pleader for Panchayat Raj and Rural Development for respondent No.4 and Mr. K. Suresh Kumar Reddy, learned Standing Counsel for respondents 6 and 8.

(2.) The case of the petitioner in this present Writ Petition (Public Interest Litigation) is that respondent No.8 had established a Grama Sachivalayam in a Scheduled Caste community hall which was reserved for Scheduled Caste people to facilitate solemnisation of marriages and social gatherings. The said community hall was constructed in the February 2019 and was being utilised for the purpose for which it was constructed. However, it is alleged that Government authorities have occupied the community hall without any notice and the Grama Sachivalayam started functioning from there. Though the petitioner had ventilated his grievance, as no action was taken, accordingly, this Writ Petition came to be filed.

(3.) Respondent No.8 - Commissioner, Municipal Corporation, SPSR Nellore, has filed a counter-affidavit, in which it is stated that community hall was constructed for the use of public of Kapadipalem 51st Division, Nellore, by the Municipal Corporation, Nellore, with the funds of XIV Finance Commission at an estimated cost of Rs.40.00 lakhs and the building was inaugurated in February 2019. It is stated that the community hall was constructed to facilitate people belonging to Kapadipalem area to perform marriages and for conducting meetings and social gatherings; construction of the community hall was completed, but the building was never handed over to anyone; people belonging to Kapadipalem area were permitted to perform marriages and to hold meetings and other social gatherings. It is further stated that as suitable Government/Urban Local Body building was not available for establishing Ward Secretariat, the building came to be occupied.