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2024 Supreme(Online)(AP) 9568

IN THE HIGH COURT OF ANDHRA PRADESH AMARAVATI THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.8918 OF 2020 Tanikonda Venkateswarlu, S/o Sambaiah, Aged about 54 years, Occ: Cultivation, R/o D.No.2-82, Pedakandlagunta Village, Kondapi Mandal, Prakasam District.

… Petitioner Versus The Star of Andhra Pradesh, rep. By its Principal Secretary, Panchayat Raj Department, Secretariat, Velagapudi, Amaravati, Guntur District and five others.

… Respondents Counsel for the petitioner : Sri Sreenivasa Rao Velivela Counsel for respondents : GP for Panchayat Raj and Sri G.Venkata Reddy, Standing Counsel.

O R D E R

The above writ petition is filed to declare the action of the respondents in proposing to construct Gramasachivalayam, Rythu Barosa Centre and Primary Health Centre in lands situated in R.S.No.204 (Donka), 351 (Cattle stand) and 359 (Donka) and 202 (Gramakantam) of Pedakandlagunta Village, Kondapi Mandal, Prakasam District, as illegal and arbitrary.

2. Heard Mrs.V.Sireesha, learned counsel representing Sri Sreenivasa Rao Velivela, learned counsel for the petitioner, Sri Vedula Venkata Narayana Rao, learned Assistant Government Pleader for Panchayat Raj appearing on behalf of respondent Nos.1 and 2 and Sri R.Subbarayudu, learned, learned counsel representing Sri G.Venkata Reddy, learned Standing Counsel for Gram Panchayat appearing on behalf of respondent Nos.4 to 6.

3. In the affidavit, it was contended, inter alia, that the land in Sy.No.204 and 359 is classified as Donka, land in Sy.No.351 is classified as Manda Bayalu/Bandladoddi/cattle stand and land in Sy.No.202 is classified as Gramakantam. Since the above referred lands are vested with Gram Panchayat, the action of the respondents in proposing to construct Grama Sachivalayam, Rythu Barosa Centre and Primary Health Centre in the above referred survey numbers, is contrary to the provisions of A.P.Panchayat Raj Act, 1994.

4. Counter-affidavit was filed on behalf of respondents 4 to 6. It was contended, inter alia, that no construction was made in Sy.Nos.204, 351 and 359. The Gram Panchayat passed a resolution dated 04.10.2019 to construct Grama Sachivalayam in Sy.No.202. The Grama Sachivalyam includes Rythu Barosa Kendram and Primary Health Centre. Further, the construction of Grama Sachivalayam has been completed in Sy.No.202 and no construction took place in other survey numbers.

5. Thus, going by the averments in the affidavit, land in Sy.No.202 has been described as Gramakantam. In fact, the Gram Panchayat passed a resolution dated 04.10.2019 to construct Grama Sachivalayam in Sy.No.202 and in view of the averment made in the counter-affidavit construction of Grama Sachivalayam in Sy.No.202 was completed. In view of the same, this Court does not find any merits in the writ petition. The writ petition is liable to be dismissed.

6. Accordingly, the Writ Petition is dismissed. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI Date : 25.01.2024 KA

254 THE HON’BLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION No.8918 OF 2020 Date : 25.01.2024 KA

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