SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2024 Supreme(Online)(AP) 2787

APHC010427972017 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3443]

(Special Original Jurisdiction)

WEDNESDAY, THE THIRD DAY OF JULY TWO THOUSAND AND TWENTY FOUR PRESENT HONOURABLE THE CHIEF JUSTICE DHIRAJ SINGH THAKUR THE HONOURABLE SRI JUSTICE NINALA JAYASURYA WP(PIL) No: 61 of 2017 AND W.P.No.2579 of 2019 W.P.(PIL) No.61 of 2017 Between:

P Venkateswarlu ...PETITIONER AND State Of Ap Prl Scy P Raj Guntur Dist 7 and Others ...RESPONDENT(S)

Counsel for the Petitioner: Mr. P. Nagendra Reddy Counsel for the Respondent(S):

1. G.P. FOR REVENUE (AP)

2. Mr.A S C BOSE

3. Mr.N SRIHARI (Standing Counsel for ZPP, MPP and Gram Panchayat)

4. G.P. FOR ANIMAL HUSBANDARY (AP)

5. Mr.C RAVI

6. G.P. FOR PANCHAYAT RAJ & RURAL DEV (AP)

7. SREENIVASA RAO VELIVELA The Court made the following:

COMMON ORDER:

One Mr. P. Venkateswarlu claiming that he is recognized in the village as a social worker filed the Public Interest Litigation challenging the resolution dated 29.01.2016 passed by the Budawada Gram Panchayat, whereby an extent of Ac.0.05 cents in Sy.No.339/2 of Budawada village was allotted in favour of the 8th respondent, who has given his land of an extent of Ac.0-04 cents for construction of a Library by the Gram Panchayat. The other Writ Petition No.2579 of 2019 was filed by Mr.Gaddam Srinivasa Rao alleging inaction on the part of the respondents 1 to 3 therein in initiating action against the 6th respondent (8th respondent in W.P.(PIL) No.61 of 2017) in making illegal constructions without obtaining building permission from the Budawada Gram Panchayat.

2) Heard Mr. P. Nagendra Reddy, learned counsel appearing on behalf of the petitioners. Also heard Mr. N. Srihari, learned Standing Counsel for the Gram Panchayat and Mr. Velivela Srinivasa Rao, learned counsel for the 8th respondent.

3) Mr. P.Nagendra Reddy, made submissions inter alia, that originally in the year 1977 the villagers contributed Rs.40,000/- and constructed a building for the purpose of Veterinary Hospital in the land of an extent of Ac.0-05 cents in Sy.No.339/2 of Budawada village. He submits that out of the said Rs.40,000/- the father of the petitioner in W.P.(PIL) No.61 of 2017 contributed an amount of Rs.30,000/- at the time of construction and subsequently in the year 1992, spent about Rs.40,000/- for repairs of the said hospital. He submits that since the building in the said land is not sufficient, the petitioner in PIL along with his brother gifted Ac.0-10 cents of land situated in RS No.320 of Budawada village under a Registered Gift Deed to the Veterinary Department for the purpose of construction of a new Veterinary Hospital. Accordingly a new building was constructed and the respondents 5 to 7 are supposed to use old premises also for the purpose of providing treatment to the animals.

4) While so, the Gram Panchayat passed a resolution No.48, dated 29.01.2016, impugned in the PIL, to give the said land of an extent of Ac.0-05 cents in Sy.No.339/2, wherein the old veterinary Hospital was situated, to the 8th respondent as he came forward to give his land of an extent of Ac.0-04 cents for the purpose of construction of a Library by the Gram Panchayat. He contends that the said land of Ac.0-05 cents belongs to the Veterinary Hospital to be utilized for the purpose of Veterinary Department and the Gram Panchayat has no right to allot /

alienate the same to the 8th respondent.

5) Learned counsel would further submit that as the 8th respondent, in whose favour the Gram Panchayat allotted the land, is proceeding to make constructions without permission from the concerned authorities, W.P.No.2579 of 2019 was filed seeking appropriate directions.

6) Learned Standing Counsel appearing on behalf of the Gram Panchayat, on the other hand, made submissions with reference to the averments made in the counter affidavit filed in the PIL. He submits that originally the veterinary hospital was constructed in Grama Kantam site situated in Sy.No.339/2 of Budawada village with the contributions made by the villagers and the father of the petitioner in PIL was one amongst them. While stating that there is no dispute about the donation of the land of an extent of Ac.0-10 cents in R.S.No.320 of Budawada village for construction of a new building for a veterinary hospital, he submits that the donated site is more than sufficient to cater the needs of the veterinary hospital. He also submits that as the old Veterinary Hospital was in a dilapidated condition and not suitable for establishing a library, the Gram Panchayat had taken a decision to give the site where the old veterinary hospital was situated to the 8th respondent, who in turn agreed to give his land of an extent of Ac.0-04 cents in R.S.No.322/3 for construction of a Library by the Gram Panchayat. He s

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top