P PITCHI REDDY Vs. DANAMURTBY

JUDGEMENT

(1.) This revision petition is filed against the order in C.M.A.No. 18 of 1986 on the file of the Subordinate Sudge, Tenali, dated 18-8-1986. The respondents plaintiffs filed a suit O:S. No. 10 of 1986 for an injunction restraining the appellant herein from proceedings with the contruction of the panchayat building. They have also filed I.A.No. 122/86 for a termporary injunction pending disposal of the suit.

(2.) The learned District Munsif by his order, dated 17-3-1986 passed orders of temporary injunction restraining the sarpanch from proceeding with the construction of the panchayat building, till the disposal of the suit. Aggrieved by that order the petitioner-herein filed an appeal before the lower appellate Court. The lower Appellate Court dismissed appeal. Against that dismissal the present Civil Revision Petition is filed.

(3.) The facts of the case are that the Gram Panchayat proposed to construct panchayat building and in pursuance of that the Gram Panchayat requested the Government for sanction of the funds. The total expenditure of the building is estimated at 60,000/- out of which Rs. 40,000/- has to be met by the Government and the balance of Rs. 20,000/- has to be met from the panchayat funds. On 29-12-85 the Sarpanch convened a meeting of the panchayat and resolution No. 57 was passed authorising the panchayat to remit the amount of 20,000/- after drawing the said amount from the panchayat funds and remit the same to the account of the panchayat samithi and to request the Block Development Officer to issue work order in the name of the Sarpanch. Ex. B-8 is the true copy of the resolution and Ex. B-7 is the minutes book. The total strength of the members of the panchayat is eleven out of which six members attended the meeting including the Sarpanch and the resolution was passed unanimously. The members who did not attend the meeting have filed the suit for issue of a permanent injunction restraining the sarpanch from proceeding with the construction of the building on the ground that the sarpanch did no: issued notices to convene the melting to consider the construction of the building by drawing funds from the panchayat.