LAWS(APH)-2022-10-173

B. RAVINDRA REDDY Vs. STATE OF ANDHRA PRADESH

Decided On October 14, 2022
B. Ravindra Reddy Appellant
V/S
STATE OF ANDHRA PRADESH Respondents

JUDGEMENT

(1.) This writ petition is filed to declare the action of the respondents in proposing to construct the Grama Sachivalayam of Puttayapalli Village, Badvel Mandal, Kadapa District, at Godugunur Village instead of existing location of Puttayapalli Gram Panchayat office contrary to G.O.Ms.No.110, Panchayat Raj and Rural Development Department, dtd. 19/7/2020 issued by the 1st respondent and also the orders of the 2nd respondent dtd. 10/1/2020, as illegal and arbitrary.

(2.) Briefly, the case of the petitioners is that the petitioners are residents of hamlet villages of Puttayapalli Gram Panchayat, Badvel Mandal, Kadapa District and they are marginal farmers. The population of the village is 1700. The 2nd respondent granted sanction for construction of Grama Sachivalayam at Puttayapalli Village vide proceedings dtd. 10/1/2020. Pursuant to which, the Tahsildar of Badvel Mandal, submitted a report to the 3 rd respondent stating that Survey Nos.358 and 118 of Puttayapalli are suitable for construction of Grama Sachivalayam. But, without conducting Gramasabha at Puttayapalli, the construction was started at Godugunur village at Sy.No.228-1, instead of constructing the Grama Sachivalayam at Puttayapalli village. The alleged action was made at the instance of the local leaders for appreciation of real estate values at Godugunur village. The Grama Sachivalayam would be convenient for the public, if it is constructed at Puttayapalli village as the Gram Panchayat office is adjacent to the proposed construction. If the Grama Sachivalayam building is constructed in Godugunur village, it would cause great difficulty to the residents of Puttayapalli village. Hence the writ petition.

(3.) The 4th respondent filed a counter affidavit stating that Puttayapalli Gram Panchayat consists of five habitations namely, Puttayapalli, Puttayapalli B.C. colony, Godugunur, Godugunur HW and Ramakrishnapuram. In consonance with the new village secretariat system, it is proposed to construct Grama Sachivalayam, Rythu Bharosa Kendram and Village health Clinic and instructions were issued to take up the construction in Ac.0.10 cents, Ac.0.08 cents and Ac.0.05 cents respectively at single premises. The 3rd respondent instructed all the Tahsildars to identify suitable land for the proposed construction in due consultation with other officials of Gram Panchayat. Initially, a vacant land at Puttayapalli village was identified of an extent of Ac.0.10 cents, but it was dropped at the proposal stage because of the reason that the villagers raised objections as it is surrounded by a Temple and a School. Later, an extent of Ac.0.23 cents in Sy.No.228/6 was identified as suitable for the proposed construction and a resolution was passed on 11/6/2020 consenting for the same. The proposed construction at Sy.No.228/6 of Godugunur village was also approved by a Committee consisting of the Tahsildar, the MPDO, the Medical Officer, the Mandal Agriculture Officer and the Assistant Engineer (PR). Thus, the said decision was taken on administrative convenience and in the public interest. The petitioners are trying to stall the construction on one reason or the other contrary to the public interest. There is no illegality or violation of any rule in identifying or constructing the Village Secretariat at Sy.No.228-6, Godugunur Revenue village of Puttayapalli Gram Panchayat. Therefore, the writ petition is liable to be dismissed.