ORDER :

This petition is filed under Article 226 of the Constitution of India, aggrieved by the action of the respondents in not taking action on the representation dated 25.06.2021 and proceeding with the construction of the YSR Village Clinic, Gram Sachivalayam and Raithu Bharosa Kendram in some places far from access and convenience to people and against the unanimous resolution of the Gram Panchayat in Karumanchi Village, Tangutur Mandal, Prakasam District as illegal, arbitrary, against the principles of natural justice and the provisions of the Panchayat Raj Act, 1994; consequently, direct the respondents to construct the YSR Village Clinic, Grama Sachivalayam and Raithu Bharosa Kendram in the land belonging to Karumanchi Gram Panchayat in Sy. No. 127, adjacent to Ambedkar Kreeda Pranganam, Karumanchi, Tangutur Mandal, Prakasam District as per the resolution of the Karumanchi Gram Panchayat.

2. The 1st petitioner is the Sarpanch (President) of the Karumanchi Village Panchayat, Tangutur Mandal, Prakasam District and the remaining are the ward members of the Panchayat. There are 12 wards in Panchayat, out of which, 10 ward members and the Sarpanch are the petitioners in this writ petition.

3. The case of the petitioners, in brief, is that the petitioners are elected as people representatives as per the mandate of the Panchayat Raj Act in the recent elections. After the elections, they came to know that through a minutes of meeting dated 30.07.2020, the Special Officer has passed a resolution for construction of different public utility buildings in Karumanchi Village viz., Raithu Bharosa Kendram at Sy. No. 127 admeasuring about Ac.0.15 cents; construction of Primary Health Center at Sy. No. 141 admeasuring about Ac.0.12 cents; construction of Grama Sachivalayam at Sy. No. 150/2A2 admeasuring about Ac.0.25 cents.

4. On coming to know about the minutes of meeting of the Special Officer, the petitioners being elected body and general public of the Gram Panchayat have come together and come to a common opinion that the buildings proposed to construct at various places, are not convenient for the people for accessing. Hence, the Gram Panchayat in its meeting held on 23.04.2021 has resolved unanimously that the Grama Sachivalayam and Raithu Bharosa Kendram be constructed in Sy. No. 127, adjacent to Ambedkar Kreeda Pranganam. Accordingly, the same has been intimated to the Tahsildar, Tangutur through a letter by the Secretary of Karumanchi Village Panchayat on 14.06.2021 and also sent copies to the Mandal Parishad Development Officer, Tangutur and Assistant Engineer Panchayat Raj Department. As there was no action by the authorities, the Sarpanch and Secretary of the Karumanchi Village made representation dated 25.06.2021 to District Collector and personally handed it over to his office and requested to personally look into the matter.

5. Instead of considering the representation made by the petitioners, the Engineering Department of the Panchayat Raj has started marking the sites as per the minutes of the Special Officer dated 30.07.2020, which is contrary to the resolution dated 23.04.2021 passed by the present body of the Gram Panchayat. Despite their request, the authorities are proceeding with the same. Hence, the present writ petition.

6. After receipt of notice, the 1st respondent has filed counter. As per the averments made in the counter, the Gram Panchayat Body has passed a resolution dated 30-07-2020 under the aegis of the Special Officer for the construction of Grama Sachivalayam, Health Center, Rythu Bharosa Kendram and Bulk Milk Cooling unit at Karumanchi Grama Panchayat of Tangutur Mandal in Prakasam District. The resolution dated 30-07-2020 was passed to construct the Gram Sachivalyam at Sy.No.150-2A2, the Health Center at Sy.no.141, the Rythu Bharosa Kendram at Sy.No.127 and the Bulk Milk Cooling Unit also at Sy.No.127. This resolution has been forwarded to the Tahsildar, Tanguturu for his approval and permission to bui