The construction of a Grama Sachivalayam building under MGNREGS works requires the approval of the Gramasabha and can only be commenced by the Grampanchayat, in compliance with the provisions of the MGNREG Act, 2005 and the A.P. Panchayat Raj Act, 1994.

ORDER:

This writ petition is filed to declare the action of the respondents in constructing the Grama Sachivalayam building under MGNREGS works in the premises of Venkata Krishnapuram Gram Panchayat, Pedakakani Mandal, Guntur District, contrary to the resolution of the Gram Panchayat, as illegal and arbitrary.

2. Heard Sri Korrapati Subba Rao, learned counsel for the petitioner, learned standing counsel for respondent Nos.7,10 and 11, and learned Government Pleader for Panchayat Raj appearing for respondent Nos.1, 2, 5, 6, 8, 9 and 12.

3. In brief, the case of the petitioner is that he was elected as Sarpanch of the 11th respondent-Grampanchayat in the month of March, 2021. Since the petitioner is the supporter of the opposition party, the local leaders of the party in power are not allowing him to discharge his functions as Sarpanch of the Grampanchayat. Before the general elections for local bodies for some period there is no elected body, but the Grampanchayat was administered by a Government nominee/Special Officer as an elected body. At the helm of his affairs, a resolution was passed on 11.10.2019 for construction of Grama Sachivalayam. Pursuant to the said resolution, the 3rd respondent accorded administrative sanction vide his proceedings dated 12.11.2019. However, the construction of Grama Sachivalayam was not commenced before the election of the petitioner as Sarpanch. On 24.09.2021 the 8th respondent issued a notice to the petitioner requesting him to commence the developmental works i.e., Village Secretariat building, Rytu Bharosa Center, YSR Health Center, Bulk Milk Collection Center and YSR Digital Library, which were granted in favour of the Grampanchayat under the Mahatma Gandhi National Rural Employment Guarantee Scheme (for short “MGNREG Scheme”). Pursuant to the said letter, the petitioner commenced the works in accordance with the administrative sanction. But, the local leaders of the party in power at the behest of local M.L.A. did not allow the petitioner to commence the works. Then, the Grampanchayat passed a resolution dated 12.10.2021 for construction of a community hall at the subject site and the same was intimated to the 6th respondent for taking steps. While matters stood thus, some unknown persons started construction of a building in the Grampanchayat premises without there being any permission and authority. Then, the petitioner submitted a complaint to the S.H.O., Pedakakani P.S. on 28.10.2021 and also a representation to all the official respondents on 11.11.2021 requesting to take appropriate action against the unauthorised persons who are carrying on the unauthorised construction at the Grampanchayat premises. Even after receipt of the representation of the petitioner, the official respondents did not stop the illegal construction. Having no other option, the petitioner preferred the present writ petition.

4. A counter affidavit is filed on behalf of respondent Nos.7, 10 and 11 wherein it is stated that the construction of Grama Sachivalayam has already been commenced in the month of October, 2021 and the construction reached the foundation level. At this stage, the work was stalled due to the complaint made by the petitioner. The construction of Grama Sachivalayam is in accordance with the MGNREG scheme as well as in pursuance of the resolutions dated 11.10.2019 and 20.11.2019 passed by the Grampanchayat and also as per the proceedings issued by the 8th respondent dated 09.01.2020 for commencement of the works. The 11th respondent has been executing the work. As such, the writ petition is devoid of merits and hence, the same is liable to be dismissed.

5. The 12th respondent filed a counter affidavit stating that the Grampanchayat passed a resolution dated 11.10.2019 for construction of Grama Sachivalayam building with the MGNREGS funds of Rs.35.00 lakhs within the jurisdiction of the 11th respondent-Grampanchayat premises. It is also stated that pursuant to the administrative sanction of the 3rd