G. RAMAKRISHNA PRASAD
Ch. Gopal – Appellant
Versus
State of Andhra Pradesh – Respondent
JUDGMENT
1. Heard Sri P. Ravikanth, Learned Counsel appearing on behalf of Sri Venkat Challa, Learned Counsel for the Writ Petitioners and Sri D.M. Vidya Sagar, Learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri Y. Subba Rao, Learned Assistant Government Pleader for Revenue appearing for Respondent Nos.1, 2 and 4 and Ms. M. Rose, Learned Counsel appearing for the Gram Panchayat (Respondent No.5).
2. The prayer made in the present Writ Petition is as under:
"It is prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the action of the respondents in making construction of houses in the site admeasuring 355 sq. yards, in Sy.No.158 within the boundaries on NORTH: Rasta; SOUTH: Golla Veedhi EAST: Rasta and WEST: Rasta situated at Penta Srirama Puram Village, Gantyada Mandal, Vizianagaram District by demolishing the Community Health Centre, which is allocated for the same is wholly illegal, without jurisdiction, colourable exercise of power and for a consequential order directing the respondents not to proceed with the construction of houses in the site admeasuring
The court established that only parties with a legitimate interest in the matter can challenge government actions, emphasizing the importance of locus standi in legal proceedings.
The petitioner must demonstrate malafide or violation of law to challenge the allotment of land for construction.
Judicial intervention in administrative decisions regarding public utility construction is restricted to instances of legal violations or malafides.
Judicial review of administrative decisions related to the construction of public utility buildings is limited to cases of flagrant violation of law/rules or malafides.
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