Petitioners challenged the construction of a grampanchayat building near Manchalammagudi in Gollapalli Village without Endowment Department sanction. The court dismissed the writ petition as the project proceeded on government land with Gram Sabha resolution and district approval.
Writ petition dismissed. No costs.
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IN THE HIGH COURT OF JUDICATURE AT HYDERABAD
FOR THE STATE OF TELANGANA AND THE STATE OF ANDHRA PRADESH
W.P.No.27211 of 2010
Between:
I. Subba Reddy and 2 others
… Petitioners/Appellant (s)
And
The State of Andhra Pradesh and 3 others
… Respondent (s)
DATE OF JUDGMENT PRONOUNCED: 04.08.2015
SUBMITTED FOR APPROVAL:
THE HON’BLE SRI JUSTICE A. RAJASHEKER REDDY 1 Whether Reporters of Local newspapers Yes/No may be allowed to see the Judgments? 2 Whether the copies of judgment may be Yes/No marked to Law Reports/Journals 3 Whether Their Ladyship/Lordship wish to Yes/No see the fair copy of the Judgment?
HON’BLE SRI JUSTICE A.RAJASHEKER REDDY
WRIT PETITION No.27211 OF 2010
O R D E R
The case of the petitioners is that they are the residents of Jambapuram Village where the 1st petitioner was the Ex-Sarpanch, the 2nd petitioner is the President of Rythu Sangham and the 3rd petitioner is the member of the Ward No.2. While so, the Government has sanctioned a pucca building for the grampanchayat of the said village as there is no pucca building. Generally, the panchayat buildings are constructed in the panchayat head quarters, but in deviation of the said principle, the 4th respondent is trying to construct the same near Manchalammagudi in Gollapalli Village, without obtaining prior sanction from the Endowment Department. It is also stated that the Sarpanch of the village has not conducted any grama Sabha nor there was any unanimous decision taken by the grampanchayat to construct the said building other than at head quarters. Aggrieved by the proposal for construction of grampanchayat building at Gollapalli Village, the present writ petition is filed.
Counter is filed by the 1st respondent stating that the construction of grampanchayat building is being taken up in Government land at Gollapalli village, which is the hamlet of Jambapuram grampanchayat and the same is being constructed with the funds of N.R.E.G.S released by the Government with reference to G.O.Ms.No.220, PR & RD (RD.II) Department, dated 11.06.2010 as per the Gram Sabha resolution dated 02.06.2010. The said resolution is passed basing on the decision of the people of Jambapuram grampanchayat. Since it is stated that the grampanchayat building is constructed in government site and is a suitable place for all communities in grampanchayat, the question of obtaining permission from the Endowments Department does not
arise. The Extension Officer (PR & RD), Kamalapuram Mandal also conducted detailed enquiry and submitted a report to the District panchayat Officer recommending for construction of grampanchayat building near Manchalamma temple, Gollapalli Village as it covers the population of 1201 of near by villages. It is also stated that 80% of the construction of building is completed.
Heard both sides.
In view of the specific averments made in the counter that basing on the resolution of Grampanchayat dated 02.06.2010, funds were released for construction of grampanchayat building; the District Collector also granted permission for construction of the said building at Gollapalli Village vide proceedings dated 04.07.2010; and that the District Panchayat Officer has also conducted enquiry and submitted a report recommending for construction of grampanchayat building at Gollapalli Village basing on the population and since 80% of the construction of building is said to have been completed, I do not see any reason to declare the proposal of the respondents for construction of grampanchayat building at Gollapalli Village as illegal.
Hence, the writ petition is dismissed. No costs. As a sequel, miscellaneous petitions pending if any, shall stand closed.
___________________________ A.RAJASHEKER REDDY,J Date: 04.08.2015 dv
I. Subba Reddy and 2 others
The State of Andhra Pradesh and 3 others
A. RAJASHEKER REDDY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
