IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE FOURTH DAY OF JUNE TWO THOUSAND AND NINE PRESENT THE HON'BLE MR JUSTICE N.V. RAMANA WRIT PETITION NO : 2223 of 2009 Between: 1 Vutlapalli Malakondaiah, S/o. Somaiah, R/o. Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. 2 Vutlapalli Jayamma, W/o. Subba Rao, R/o. Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. 3 Dabbukottu Mallikarjuna, S/o. Gangaiah, R/o. Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. 4 Cheemaladinne Anitha, W/o. Krishnaiah, R/o. Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. 5 Nadiboina China Adimma, W/o. Ankaiah, R/o. Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. 6 Malle Papaiah, S/o. Pitchaiah, R/o. Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. ..... PETITIONER(S) AND 1 District Collector, Prakasam District, Ongole. 2 District Panchayat Officer, Ongole, Prakasam District. 3 Divisional Panchayat Officer, Kandukur, Prakasam District. 4 Executive Engineer, Panchayat Raj Department, Kandukur, Prakasam District. 5 Yerrareddipalem Gram Panchayat, Rep. byits Secretary, Lingasamudram Mandal, Prakasam District. ....RESPONDENTS Petition under Article 226 of the constitution of India praying that in the circumstances stated in the Affidavit filed herein the High Court will be pleased to issue a Writ of Mandamus or any other appropriate Writ, order or direction, declaring the action on the part of the respondents 1 to 4 in not taking any steps pursuant to the representations made by them dated 28-10-2008 and 19-1-2009 as illegal and arbitrary and consequently direct the respondents 1 to 4 to cause enquiry with regard to the suitability of the land at Sy.No. 101 of Kothapalem Village, Yerraddipalem Village, Lingasamudram Mandal,Prakasam District and take appropriate decision in accordance with law. Counsel for the Petitioner: MR.N.SUBBA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: All the 5 petitioners claim to be the residents of Yerrareddipalem Village, Lingasamudram Mandal, Prakasam District. They filed this writ petition stating that an estimated amount of Rs.4.50 lakhs has been allocated to their gram panchayat for the purpose of construction of a Gram Panchayat Office. Since their Gram Panchayat consists of two parts i.e. Pathapalem and Kothapalem, the majority of ward members requested the respondents to construct the Gram Panchayat Office in a place suitable to both the Villages. As there is a government land situated in between both the villages, they made a representation to respondents 1 to 4 on 28.10.2008 and 19.1.2008 bringing the said fact to their notice. But without considering the said representations and without enquiring into the matter, they proposed to construct the office in Sy.No.101 of Kothapalem Village, contrary to the majority opinion, even though the said land is previously earmarked for granting house site pattas for various houseless poor persons and hence they filed this writ petition seeking a direction to respondents 1 to 4 to cause an enquiry with regard to the suitability of the land at Sy.No.101 of Kothapalem Village for the purpose of construction of Gram Panchayat Office and take an appropriate decision. Heard the learned counsel for the petitioners and the learned Government Pleader for Panchayat Raj and at their request the writ petition is taken up for final disposal at the admission stage itself. The learned Government Pleader submits that since the petitioners and others have already made representations to respondents 1 to 4 on 28.10.2008 and 19.1.2009 and the same are stated to be still pending, instead of this Court going into the merits of the matter, the respondents may be directed to consider and dispose of the said representations, for which the learned counsel for the petitioners also agreed. In the circumstances, without going into the merits of the matter, the 1st respondent – District Collector, Ongole is directed to consider the representations of the petitioners and others dated 28.10.2008 and 19.1.2009 and dispose of the same after issuing notice to the 5th respondent-Gram Panchayat as expeditiously as possible, preferably within a period of one month from the date of receipt of a copy of this order. With the above direction, the writ petition is disposed of. N.V.RAMANA,J DT.4.6.2009 msv