Andhra Pradesh High Court - Amravati
Mattaparti Narayana Rao, vs The State Of Andhra Pradesh, on 8 November, 2022
Author: D.Ramesh
Bench: D.Ramesh
THE HON'BLE SRI JUSTICE D.RAMESH
WRIT PETITION No.20975 of 2019
ORDER:
The writ petition is filed under Article 226 of the Constitution of India seeking to declare the action of the respondents in trying to shift the construction of village secretariat (grama sachivalayam-2) from the open place on the back side of the gram panchayat building centre of the Munganda Village, P.Gannavaram Mandal, East Godavari District to the agricultural/coconut fields of the 8th respondent in Saralavaripeta, Munganda village, is illegal, arbitrary and consequently direct the respondents not to shift the construction of village secretariat from the open place on the back side of the gram panchayat building, centre of Munganda village.
2. Heard learned counsel for the petitioners and learned standing counsel appearing for respondent gramapanchayat.
3. The 1st petitioner is the president of the caste sangham for 11 palems, 2nd petitioner is ex-chairman of Vidhya Committee and 3rd petitioner is a farmer, 4th petitioner is a teacher, 5th petitioner is RMP doctor and 6th petitioner is ex-ward member of the gramapanchayat and the population is around 4,500 members. In the village, there are four elementary schools, one Z.P.High School one Intermediate college and a Degree college. Initially Government has issued G.O.Ms.No.110 dated 19.7.2019 for establishment of 2 village secretariat system in gram panchayat in the State. Accordingly foundation stone was laid on 12.11.2019 for construction of grama sachivalayam-2 in the open site available on the back side of the existing gram panchayat building. But surprisingly, the same was shifted to some other place and knowing the said aspect, the petitioners have also made a representation on 25.11.2019 to the 2nd respondent requesting not to shift the proposed construction of grama sachivalayam-2 building from the open place on the back side of the existing gram panchayat building. The 2nd respondent in turn endorsed the same to the 4th respondent herein. When the respondents have not considered the same, the present writ petition is filed.
4. After notice the 7th respondent filed counter on 11.7.2021. According to the averments in the counter, the Government sanctioned two buildings for village secretariat to the gramapanchayat. The village secretariat-I has been constructing in the place of old gramapanchayat building place duly removing the old building. The 2nd village secretariat building is proposed to construct in the site in an extent of 198.44sq.yards in Sy.No.158 which was gifted by Sarella Apparao under the registered gift deed dated 28.11.2019. There was no sufficient place to construct the secretariat building in the old gramapanchayat site. 2nd village 3 secretariat should be established in the area for which it has been earmarked. Construction of the village secretariat -2 building is at first floor level. Moreover there is no illegality or irregularity in construction of the building in the gifted site, as there is no Government site available in that area.
5. Considering the submissions made in the writ petition and also the contentions made in the counter, the petitioners have not made out any case in their favour. But as per the counter, the Government has sanctioned two buildings one at i.e. village secretariat-2 building at the first floor of gramapanchayat and another one is at the gifted site.
6. In view of the same, there are no merits in the writ petition. Accordingly, the writ petition is dismissed. No costs.
Miscellaneous petitions, if any, pending in this petition shall stand closed.
_____________________ JUSTICE D.RAMESH Date: 08.11.2022 RD 4 THE HONOURABLE SRI JUSTICE D.RAMESH WRIT PETITION No.20975 of 2019 Dated 08.11.2022 RD