THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.26205 OF 2006 DATED APRIL, 2007 BETWEEN Kuvvarapu Yakob and others. … Petitioners AND The Government of A.P., rep.by its Principal Secretary, Department of Panchayat Raj and Rural Development, Secretariat Buildings, Hyderabad and others. … Respondents THE HON’BLE SRI JUSTICE V.V.S.RAO WRIT PETITION NO.26205 OF 2006 ORDER: The three petitioners are residents of Darsiguntapeta Village of Chandra Sekhara Puram Mandal in Prakasam District. They filed the present writ petition seeking a writ of Mandamus declaring the action of the respondents in not taking steps for construction of additional rooms for Zilla Parishad (ZP) High School in the village in the land comprised in survey No.157 gifted for the purpose as illegal and arbitrary. A consequential direction is also sought. The first petitioner was the Sarpanch of the village during 2001- 2006 whereas third petitioner was Chairman of Education Committee of the Z.P.High School. The said school was Upper Primary School offering classes from I to VII. When there was a proposal to upgrade the Upper Primary School to High School, M/s.Pavali Balaiah and Pavali Tirupataiah allegedly executed settlement agreement, dated 20.06.2003 gifting the land admeasuring Acs.1.59 in survey No.157, which is allegedly situated adjacent to existing upper primary school. The petitioners also allege that on 03.09.2003, the Regional Joint Director of School Education submitted a report to the Commissioner and Director of School Education recommending upgradation. The latter issued proceedings, dated 26.09.2003, granting permission to open class VIII during 2003-2004 subject to registration of gift deed. It was also ordered by him that an extent of Acs.5.00 would be provided as an additional play ground before opening the X class. The petitioners allege that as per the proceedings the above two named donors executed registered gift deed, dated 21.06.2004 in favour of third respondent. During 2003-2004, class VIII was commenced and in subsequent years classes IX and X were also added. These classes are continuing in previous Upper Primary School Building and additional rooms were not constructed in spite of such need. It is the further case of the petitioners that the Deputy Chief Executive Officer issued orders, dated 29.06.2004 directing the Executive Engineer and Head Master of the School to take possession of the gifted land. Head Master took possession of the land. The same was reported to the third respondent on 10.07.2004. As the land is required for Zilla Parishad School before opening X class, M/s.Pavali Chalamaiah and Pavali Abbisetty executed settlement agreement, dated 16.10.2004, in favour of third respondent agreeing to alienate land admeasuring Acs.1.99 and 1.55 respectively in survey No.157, which is situated adjacent to existing school building and the land, which was already donated earlier by two other donors. Due to this, the third respondent issued proceedings, dated 03.02.2004 sanctioning a sum of Rs.2.5 lakhs under Z.P.G.F. grant and Rs.5.00 lakhs under SSP grant for construction of school building. Pursuant thereto, the fourth respondent issued proceedings, dated 31.07.2004 entrusted construction of the Z.P.High School building to the Chairman of Education Committee. When the construction was about to be taken up, the first respondent issued memo, dated 04.08.2004, staying the orders of the third respondent, dated 29.06.2004, whereunder the Executive Engineer and Headmaster are directed to take possession of the land. The third petitioner submitted a representation, dated 09.02.2005 to respondents 1 to 3 requesting for withdrawal of the said Memo, in vain. In the meanwhile, other villagers also represented to the authorities suggesting the construction of school building in Government Poramboke land in survey No.124. This was not accepted by the headmaster because the land in survey No.124 would be inundated by continuous flow of drainage water from the fields. However, the Engineering Department informed the third respondent that the land in survey No.124 be surveyed and it would be made fit for construction by closing the existing well in the land. The petitioners allege that the land in survey No.124 is not fit for inhabitation and is also not available on the ground. Therefore, they seek a direction that the school building be constructed in the land comprised in survey No.157. At the stage of admission itself, the Joint Secretary to Government filed counter affidavit on behalf of first respondent. The brief averments therein are as follows. When there was a proposal for upgradation of upper primary school into Z.P.High School in the village, two villagers executed settlement agreement with Z.P. to give their land as gift. The gift deed was registered in favour of third respondent on 21.06.2004 donating the land admeasuring Acs.1.57 in survey No.157. The land was taken over possession by the headmaster on 10.07.2004. As per the proceedings of the Commissioner of School Education, dated 15.12.2003 sanctioning upgradation of Mandal Parishad Upper Primary School into High School, specific conditions laid down in A.P.Educational Institutions (Establishment, Recognition, Administration and Control of Schools) Rules, 1988 (the Rules, for brevity) made in G.O.Ms.No.524, dated 20.12.1998 have to be complied with. Rule 9 of the Rules lays down conditions for grant of permission. Sub rule (5) of Rule 9 of the Rules speaks of the desirability to provide at least Acs.5.00 of land for developing playground. This Rule is not complied with. Other villagers represented to the Government that the land donated is not sufficient for construction of the Z.P.High School building. Representation was also made to the third respondent, MRO and Executive Engineer requesting to construct Z.P.School in survey No.124/2 of the Darsiguntapeta Gram Panchayat stating that it is more convenient. On 28.06.2004, Gram Panchayat Darsiguntapeta also passed a unanimous resolution proposing to construct Z.P.High School building in the land admeasuring Acs.5.14 in survey No.124/2. Considering the representation made by the villagers, Government issued orders in Memo, dated 04.08.2004 staying the orders of the CEO, dated 29.06.2004. It is also stated that the land in survey No.157 admeasuring Acs.1.59 is not sufficient for establishing Z.P.High School. The counter affidavit further states that the third respondent issued proceedings on 03.02.2004 according administrative sanction for an amount of Rs.2.5 lakhs under Z.P.G.F. Funds and Rs.5.00 lakhs under SSP grant. While denying other allegations made by the petitioners, it is further stated that the third respondent addressed a letter, dated 23.10.2006 to the MRO to send proposals for alienation of land in survey No.124/2 and accordingly by letter, dated 05.01.2007, MRO informed the District Collector (second respondent) stating that the land in survey Nos.124/1, 2 and 3 admeasuring Acs.7.48 was surveyed on 18.12.2006, that no objections were received after publication of Form A-I notice and that the land requires levelling for construction of school building. A reply affidavit is filed by the petitioners reiterating the same contentions, which are taken in the affidavit accompanying the writ petition. It is also alleged that the land in survey No.124 is low lying surrounded by water stream/drainage canal and is prone for submergence during rainy seasons and that survey No.124 is included in the prohibitory order book in the land revenue records. The petitioners allege that the land in survey No.124 is not fit for construction of school building. Learned counsel for the petitioners, learned Assistant Government Pleader for Panchayat Raj and learned standing counsel for Gram Panchayats stick to their position in the pleadings while making oral submissions. Therefore, it is not necessary again to summarise these arguments. Suffice to mention that the learned counsel for the petitioners contends that construction of school building in survey No.124, which is not fit for construction of school, ignoring the land donated by the villagers is illegal and arbitrary. There is no denial that as per Rules framed by the Government in G.O.Ms.No.524, dated 20.12.1988, a high school building should necessarily have Acs.5.00 of land out of which, Acs.3.00 should be earmarked for playground. Admittedly the existing upper primary school or the adjoining land in survey No.157 donated by villagers, falls short of Acs.5.00. Therefore, it would be ex facie illegal to permit respondents; to construct Z.P.High School building or add additional rooms for starting X class in the existing Mandal Parishad Upper Primary School. Therefore, no direction can be issued to respondents to construct/add additional classrooms in survey No.157 or in the existing building as prayed by the petitioners. Such a direction would be contrary to the statutory rules framed by the Government under Section 99 of A.P.Education Act, 1982. The next contention that the land in survey No.124 is not suitable for construction of school building or the contention that the land in survey No.157 donated by the villagers is convenient for construction of school building are the issues which lack adjudicative disposition while dealing with the writ petition. Counter affidavit refers to the report of the MRO submitted to the District Collector, which would show that if the land is properly levelled and filled up, it is most suitable for construction of the Z.P.High School building. When necessary considerations went into the decision making by the appropriate authority, in exercise of power of judicial review, this Court cannot substitute its view to that of the public authority. The submission that having accorded administrative sanction for construction of school building the site cannot be changed, is devoid of any merit. When third respondent sanctioned amounts and directed the Executive Engineer (Panchayat Raj) and headmaster to handover the site for the construction of school building, the said order was rightly stayed by the Government presumably after considering the representations made by the villagers. Indeed, there is no denial by the petitioners that Gram Panchayat also passed unanimous resolution for taking up construction and school building in the land comprised in survey No.124. In the result, for the above reasons, the writ petition is devoid of any merit and is accordingly dismissed. No costs. ______________ (V.V.S.RAO,J) 13 .04.2007. pln