THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9054 of 2011 Date: 28.11.2011 Between: Polaka Padmanabha Reddy … Petitioner and The District Collector, Prakasam District, Ongole and others. … Respondents THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9054 of 2011 ORDER : Heard Smt. A. Varalaxmi, learned counsel appearing for the petitioner, as well as the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos.1 to 4 and 6, and Sri G.Elisha, learned Standing Counsel appearing for respondent No.5. 2. The petitioner, who is a resident of Krishnapuram Village, Kanigiri Mandal, Prakasam District, and Former Sarpanch of the said Village, has filed this writ petition assailing the action of the 5th respondent-Sarpanch of the said Gram Panchayat in undertaking construction of a new building for the Gram Panchayat by abandoning the semi-constructed building, as arbitrary and illegal. 3. Admittedly, Krishnapuram Gram Panchayat does not have its own building. A resolution, therefore, was passed for construction of a building on the Government land with the financial assistance of the Government. Accordingly, though the construction was commenced and completed upto roof level, due to inadequate funds it could not be completed. In the meanwhile, the State Government formulated a scheme in G.O.Ms.No.220, PR & RD Department, dated 11.6.2010 for construction of new buildings under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS) under which the District Collectors are authorised to sanction buildings for those Gram Panchayats, which do not have own buildings, and allotted Rs.10,00,000/-. Accordingly, the Gram Panchayat has passed a resolution dated 30.8.2010 accepting the proposal of the District Collector to construct a new building on the land donated by an individual and when the construction has been taken up, the petitioner has filed the present writ petition opposing the said construction. 4. The petitioner has challenged the construction of new building on the sole ground that the construction of building at the site donated by an individual would result in wastage of funds which have been incurred for construction of the building undertaken earlier on the Government land. According to the petitioner, the Gram Panchayat, after drawing funds from the Government, had constructed the building upto roof level by spending considerable amount. Thus, there is no need to construct another building resulting in the wastage of the funds already incurred. 5. During the course of hearing, this Court impleaded the Government of Andhra Pradesh, represented by its Secretary, Panchayat Raj Department, as 6th respondent to answer as to why the funds already spent on the construction of a building on the Government land should go waste. 6. Pursuant to the notice issued by this Court, the 6th respondent filed counter affidavit admitting that earlier the construction of a building was made by incurring Rs.76,400/- and thereafter the construction could not be proceeded due to non- availability of funds. It is stated that, in the meanwhile, as envisaged under the new scheme viz., MGNREGS, an amount of Rs.10,00,000/- was sanctioned for construction a new building and accordingly the construction has been completed and the Gram Panchayat is functioning at the new building. Insofar as the old building is concerned, it is stated that it will be utilized as Anganwadi office, which is presently running in a rented building. It is also stated that the construction already made and the funds spent will not be wasted and once the construction is completed, the Anganwadi office will be shifted to the said building. It is further stated that the existing building has no proper access having only 5 feet width and it is not convenient to the public. 7. The 4th respondent-District Panchayat Officer, Prakasam District, in his counter, while reiterating the aforesaid facts, states that the existing building became dilapidated and, therefore, the Gram Panchayat had adopted a resolution for locating the building at a new place and accordingly after obtaining sanction it has completed major part of construction. 8. I have considered the aforesaid facts and the respective contentions. 9. Admittedly, the petitioner has no objection for construction of Gram Panchayat building, since the Panchayat does not have its own building. The petitioner also does not dispute that the Government have sanctioned an amount of Rs.10,00,000/- under MGNREGS Scheme and major part of construction of a new building has been completed. 10. As noticed above, the only objection of the petitioner is that by constructing a new building at a different place by abandoning the semi-constructed building, the funds spent on the said building would go waste and the same is not in public interest. This Court would have appreciated this fact in the absence of the alternative submitted by the 6th respondent. It is the specific stand of the 6th respondent that the construction of the existing building will not be wasted, but the same will be utilized for locating the Anganwadi office, which is said to be now running in a rented building. 11. In view of the same, I am of the view that since the only objection of the petitioner is not tenable in the light of the stand taken by the 6th respondent, this Court need not interfere with the construction of new Gram Panchayat Building. 12. Accordingly, the writ petition is dismissed. No order as to costs. 13. In view of disposal of the writ petition, W.P.M.P.No.11222 of 2011 is dismissed as unnecessary. ________________________ JUSTICE NOUSHAD ALI 28.11.2011. Msr THE HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.9054 of 2011 28.11.2011 (Msr)