ORDER (ORAL)

Dt: 02.03.2023 (Prashant Kumar Mishra, CJ)

This writ petition in the nature of public interest litigation has been preferred challenging the action of the 7th respondent in grabbing Government land to an extent of nearly Ac.1.00 cents for constructing a commercial marriage hall and the inaction of official respondents 1 to 6 in preventing this as also the mis-utilization of funds for the said construction.

2. It is stated in the writ affidavit that upon enquiry, petitioners became aware of the illegal occupying of Government land in Sy.Nos.299

th

and 300 of Venigandla village by the 7 respondent and collection of funds for construction of a marriage hall. The subject land was used for various official and cultural activities as well as public meetings since pre- independence days. The villagers performed drama, music and other cultural programmes in an area of about Ac.0.25 cents out of the total area of land in Sy.Nos.299 and 300. However, the 7th respondent prevailed upon the then Sarpanch and members of Gram Panchayat to pass a resolution on 17.12.2009 to request the Tahsildar, Pedakakani Mandal to permit construction of marriage hall by Mythri Kalyana Mandapam Nirmana Committee in Ac.0.64 cents, which is a Government th Poramboke land. Marriage hall being a commercial venture, 7 respondent could not have permitted to raise such construction over Government land, for which no permission was obtained from the Government for occupying the same. It is further stated that the subject land is an Endowment land; therefore, it can be alienated only by public auction as provided under Section 80 of the Andhra Pradesh Charitable and Hindu Religious Institutions and Endowments Act, 1987 (for short, “the 1987 Act”).

3. According to the petitioners, Venigandla Village Youth Association and Venigandla Village Development Committee and the Venigandla Samskruthika Samakya had been requesting the Government to allot Ac.0.04 cents of land in Sy.No.300/3 for construction of a public stage and proposal to this effect has been forwarded to the District Collector.

However, no progress has been made and in the meanwhile, illegal construction of marriage hall was started.

4. While issuing notice in this writ petition, this Court has not allowed any interim relief staying the construction of marriage hall and, as such, construction of marriage hall is now complete.

5. In the counter-affidavit filed by the 2nd respondent, it is stated that the land in question is classified as Village Poramboke and, as such, Gram Panchayat would have the necessary rights for administering the land which was used for certain cultural activities and also for performing arts like magic etc. The Gram Panchayat felt that it would be appropriate to use the land for a better community purpose; therefore proposal for construction of Kalyana Mandapam was accepted by passing a resolution. It is, thus, stated that construction of Kalyana Mandapam at the instance of Gram Panchayat cannot be said to be without any permission or that the land is encroached.

6. In the counter-affidavit of the 8th respondent, it is stated that the Gram Panchayat concerned, in its General Body Resolution dated 17.12.2009, had accorded permission for construction of the Kalyana Mandapam for public purpose and, thereafter, construction has been made by collecting funds from public belonging to all castes and funds have been obtained from Member of Parliament Local Area Development Scheme (MPLADS) for the said purpose. Referring to Section 58 of the 1987 Act, it is stated that the Gram Panchayat is within its jurisdiction to permit construction of the Kalyana Mandapam.

7. We have heard learned counsel for the parties at length and perused the record.

8. There cannot be any dispute about the fact that construction of a Kalyana Mandapam is an act in furtherance of public interest inasmuch as the same would cater to the needs of different communities of the entire village for all cultural and allied