LAWS(APH)-2015-3-51

KANISIRIPI AMMAJI Vs. GOLLAPALLI GANGADHAR RAO

Decided On March 04, 2015
Kanisiripi Ammaji Appellant
V/S
Gollapalli Gangadhar Rao Respondents

JUDGEMENT

(1.) THIS appeal is sought to be preferred against the judgment and order of the learned Trial Judge dt.24.12.2014 in W.P. No.38977 of 2013.

(2.) AS many as nine ward members filed the above writ petition challenging the order passed by the District Panchayat Officer who thought it fit to shift the panchayat office from a new building to an old one. The sum and substance of the allegations and ground of the writ petition have been recorded by the learned Trial Judge, and we do not think it fit to reiterate the same. Suffice it to say that the writ petitioners respondent Nos.1 to 9 in this appeal are ward members of the Gram Panchayat called Peddanapalli Gram Panchayat. The office of the Gram Panchayat was located in an old building, which was found to be dilapidated in the year 2003. Accordingly, a decision was taken by a valid resolution of the Gram Panchayat on 28.8.2003 to shift the same to a suitable new building. Hence, a new building was constructed in November 2005 and on 13.12.2005 the office of the Gram Panchayat was shifted to the new building and since then it has been functioning therein. Thereafter, by the impugned order dt.20.12.2013 the office of the Gram Panchayat was decided to be brought back to the old dilapidated building.

(3.) THE petitioners challenged the aforesaid order of the District Panchayat Officer alleging that it is unauthorized because under the Andhra Pradesh Panchayat Raj Act, 1994 (hereinafter referred to as the Act) it is not permissible for the District Panchayat Officer to take the decision.