A writ petition challenging the selection of a public construction site is not maintainable when the original gifted land is unsuitable for the purpose and the petitioners are third parties without a direct legal interest in the gift.

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased to issue, a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the intending action of the respondents herein and more precisely the 9th respondent herein to construct the Petitioners Gram Panchayat building contrary to the true spirit of the donors gift vide Registered Document No.2476 of 2010 on 06.08.2010 is arbitrary, illegal, without any permissions from the higher officers or sanctions, without any resolution of the Gram Panchayat till date and most importantly contrary to the true spirit of the donor and its valuable purpose of donation of the land for the public purpose and convenience and consequently set aside the intending action of the 9th respondent and further direct the 9th respondent herein to place the records n connection with the Gram Panchayat building for perusal and further direct the 3rd respondent Collector to cancel, if at all any illegal resolution is adopted and passed contrary to the Grama Sabha and pass

IA NO: 1 OF 2025

Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to direct all the respondents herein to construct the Gram Panchayat building at the donor’s place as gifted through vide Registered Document No.2476 of 2010 dated 06.08.2010 200 Sq.Yards or 0.45 cents or 1800 sq.feet in Sy.No.181 of Kummara Konduru Village of Kaligiri Mandal, SPSR Nellore District, which is accessible to the general public and in the center of the village, pending disposal of the above said writ petition and pass

Counsel for the Petitioner(S):

1. V SURENDRA REDDY

Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV

2. GP FOR REVENUE

3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats

The Court made the following:

:: ORDER ::

The petitioners, residents of Kumara Konduru Village, Kaligiri Mandal, SPSR Nellore District, filed the above writ petition to declare the action of respondent No.9 in intending to construct the Gram Panchayat building at a different place, as illegal, arbitrary and contrary to the Gift Deed dated 06.08.2010 executed by one Sri Nalluru Veera Raghavulu.

2. Heard Sri V. Surendra Reddy, learned counsel for the petitioners; Sri P. Rajesh, learned Assistant Government Pleader for Panchayat Raj, appeared for respondents 1 to 6 and Ms. Usha, learned Assistant Government Pleader for Revenue, appeared for respondent No.7 and Ms. Kavitha, learned counsel representing Sri M. Sudhir, learned Standing Counsel, appeared for respondents 8 & 9.

3. Learned counsel for the petitioners would submit that one Sri Nalluru Veera Raghavulu S/o Nalluru Subrahmanyam, gifted 200 square yards in Sy.No.181 of Kumara Konduru Village to construct the Gram Panchayat building. However, the building was not constructed in the said place. Earlier, W.P.No.28757 of 2010, filed by the villagers, was disposed of on 08.02.2011. Now the authorities are intending to construct the building in a different place.

4. Sri Rajesh, learned Assistant Government Pleader for Panchayat Raj and Ms. Kavitha, learned Assistant Government Pleader for Revenue, on written instructions, would submit that the land admeasuring Ac.0.04 cents in Sy.No.181, donated by one Sri Nalluru Veera Raghavulu, is not convenient for the construction of the Gram Panchayat building owing to its location. The land is situated amidst the houses and causes inconvenience for ingress and egress to the neighbouring residents, and a