ORDER:

This Writ Petition is filed under Article 226 of the Constitution of India questioning the inaction of the respondents in disposing the representations, dated 20.03.2021 and 31.03.2021 submitted by the petitioners with a request not to construct Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre in an extent of Ac.0.33 cents in survey No.401 of Dronadula village, Martur Mandal of Prakasam District as it is being used by villagers for community hall purpose and to construct Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre in an extent of Ac.0.60 cents in survey No.307 of the same village as illegal, arbitrary and amounts to non-discharge of legal obligation in violation of Articles 14 and 21 of the Constitution of India and consequently direct the respondents not to construct Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre in an extent of Ac.0.33 cents in survey No.401 of Dronadula village, Martur Mandal of Prakasam District.

2. The case of the petitioner in nutshell is that the petitioner is the resident of Dronadula village, Martur Mandal, Prakasam District and an extent of Ac.0.33 cents in survey No.401 of Dronadula Village is being used by the villagers of Dronadula for community hall purpose. The petitioner, his forefathers and the said villagers were using the said land for communal purpose for several decades.

3. While so, for the last few days, the respondents and their field functionaries are visiting the said land and conducting survey for the purpose of construction of Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre. In the event of raising construction of Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre, the petitioner and other villagers will be put to serious inconvenience and they are being deprived of right to enjoy the said land for communal purpose i.e., community hall. Therefore, the petitioner made two representations, dated 20.03.2021 and 31.03.2021 to the respondents with a request not to construct Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre in an extent of Ac.0.33 cents in survey No.401 of Dronadula Village, while requesting to construct Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre in an extent of Ac.0.60 cents in survey No.370 of the same village.

4. It is the specific contention of the petitioner that in case the above constructions are completed, it is difficult for the villagers to use the land for communal purpose i.e., community hall and also enjoying the property for communal purpose for the benefit of the public and therefore, requested to issue a direction as stated supra.

5. The respondents filed detailed counter admitting the submission of two representations claiming that the proposed land is being used for community hall purpose, while requesting to construct Grama Sachivalayam, Rythu Barosa Kendram and Milk collection centre in an extent of Ac.0.60 cents in survey No.370 of the same village.

6. The specific contention of the respondents is that the Tahsildar proposed for construction of Grama Sachivalayam, Rythu Barosa Kendram, Bulk Milk chilling unit and Anganwadi centre buildings in an extent of Ac.0.33 cents in survey No.401 in the year 2020. Accordingly the same was approved and the said land of Ac.0.33 cents was handed over to the Assistant Executive Engineer, Panchayat Raj Department, Martur Mandal on 04.01.2021 itself and construction work was commenced in the month of March, 2021 prior to the representation of the petitioner and now the construction of Grama Sachivalayam and Rythu Barosa Kendram are at linted level and ground level respectively. The Grama panchayat, Dronadula village has also passed resolution, dated 09.12.2020 for construction of the above buildings in the same land.

7. In view of the request made by the petitioner, the proposal for construction of the above buildings in survey No. Ac.0.60 cents in survey No.370 was examined b