HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10300 of 2011 Date: April 25, 2011 Between: Matta Eswara Bala Prasad … Petitioner And 1. The Government of Andhra Pradesh, rep. by its Secretary, Panchayat Raj & Rural Development Department, Hyderabad & 3 others. … Respondents * * * HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.10300 of 2011 O R D E R: The petitioner, who is said to be the native and Ex-Sarpanch of Chennadam village, Razole Mandal, East Godavari District, has filed this writ petition to declare the action of respondents 1 to 3 in permitting the 4th respondent Gram Panchayat to proceed with the construction of a new building for the purpose of office of the panchayat with the funds sanctioned under MGNREG Scheme as illegal and arbitrary. 2. It is the case of the petitioner that in the year 2005, in order to provide a new building for Gram Panchayat office, a foundation stone was laid by the then minister of Animal Husbandry and Industries. The building was completed except the internal walls, doors and windows. It is alleged that further construction was given up for no valid reasons. No further steps were taken to complete the construction. It is alleged that in the meanwhile the panchayt has taken up construction of a new building at another place. Therefore, the petitioner has filed this writ petition contending that the new construction is unwarranted in view of the fact that considerable construction has already been made. 3. The 4th respondent has filed counter affidavit stating that although construction was taken up in the year 2005, the building could not be completed due to insufficient funds. It is stated that in spite of the efforts made by the panchayat, the Government also did not release further funds for completion of the building. Therefore, the Gram Panchayat passed an unanimous resolution on 08.3.2010 to request the District Collector to allot funds for construction of the building under the MGNREG Scheme. Accordingly funds were allotted from the said Scheme and after obtaining administrative sanction, construction has been commenced and reached the extent of roof level. It is stated that unfinished building constructed in 2005 would be utilized for the purpose of community hall for the members of the Scheduled Caste community. 4. From the pleadings it is evident that although there was an effort to construct a building, which reached a particular level, the construction could not be finished on account of lack of funds. Indisputably, the funds released under the MGNREG Scheme are meant for construction of buildings for the local bodies. In the circumstances, it cannot be said that construction undertaken as per the said scheme is either illegal or arbitrary. In this view of the matter, no relief can be granted in the writ petition. 5. The writ petition is accordingly dismissed. No costs. __________________ NOUSHAD ALI, J Date: April 25, 2011. BSB