15. In the counter affidavit filed by respondent No.2, several of the averments have been denied and certain averments have been further explained. It is stated that in Challapalli village and Mandal, there is a Mandal Parishad Elementary School and the administration of the school is under the control of the Mandal Parishad Development Officer, respondent No.3 herein. The school is functioning properly with considerable strength of school going children. While so, on 25.09.2009, petitioner organization sought for permission for installation of purified drinking water plant in the school premises, as the Mandal Praja Parishad passed a resolution to hand over a part of school building to carry on its private business. On receipt of the said letter from respondent No.3, a report was called for from the Deputy Executive Engineer, Panchayat Raj, Pamarru and the Mandal Education Officer, Challapalli. It was reported by the Deputy Executive Engineer and the Mandal Educational Officer that the school is being functioning since 1974 and the properties of the local bodies cannot be alienated or leased out to private parties without the permission of the District Collector or the Government, as the case may be, and in the instant case, the Mandal Parishad, in contravention of the rules stipulated in G.O.Ms.No.215, dated 25.6.2001, as amended by G.O.Ms.No.323, dated 29.10.2001, leased out the premises to the petitioner. The relevant rule is hereby extracted for convenience.
