THE HON’BLE SRI JUSTICE C.V.NAGARJUNA REDDY WRIT PETITION No.500 of 2011 Dated 21st January, 2011 Between: Malavath Jakmal Naik and others …Petitioners And The District Collector (Panchayat Wing), Karimnagar and others …Respondents Counsel for the petitioner: Sri D. Bhaskar Reddy Counsel for respondent Nos.1 and 2: Assistant Government Pleader Panchayat Raj Counsel for respondent No.3: Sri P. Raghavendra Reddy, standing counsel for Gram Panchayats The Court made the following: ORDER: The petitioners, who are Upa-Sarpanch and Ward Members respectively, have filed this writ petition feeling aggrieved by the proposed construction of Gram Panchayat building of Yerrapoor Village, Ibrahimpatnam Mandal, Karimnagar District, in the old locality of Yerrapoor Village instead of at the new locality. A perusal of the averments contained in the affidavit shows that on an earlier occasion, when the Gram Panchayat building was sought to be constructed at the old locality, the then Upa-Sarpanch had filed W.P.No.23953 of 2002 in this Court, wherein an interim direction was given to respondent No.1 to call for the report as to the suitability of the location for construction of Gram Panchayat building and that pending decision by respondent No.1, the proposed construction shall not be undertaken. The said writ petition was disposed of on 06.04.2010 by holding as under: “… Respondent No.2 filed counter stating that based on the representation of Thanda villagers and Yerrapur villagers of old locality and pursuant to the interim orders of this Court, the sanction of Gram Panchayat building in Yerrapur village has been cancelled by the General Body in its meeting held on 27.11.2002 vide Item No.1. Since the sanction of the Gram Panchayat building itself has been cancelled, nothing survives for adjudication in the writ petition and the same is accordingly closed. No costs.” The present writ petition is based with the grievance that in pursuance of the proceedings dated 04.08.2010 issued by respondent No.1, wherein he has approved proposals for construction of 140 Gram Panchayat buildings in Karimnagar District, respondent Nos.2 and 3 are trying to construct Gram Panchayat building in the old locality despite the fact that the Yerrapoor Gram Panchayat in its resolution dated 27.12.2002 has cancelled such a proposal. The further grievance of the petitioners is that their representation dated 13.01.2011 stated to have been made to respondent No.1 has not received the latter’s attention. In the opinion of this Court, the issue as to the location of a public office falls in the realm of administrative discretion. However, such discretion requires to be exercised objectively and keeping in view the feasibility and public convenience. The fact that the Gram Panchayat has earlier passed resolution cancelling the earlier decision to construct the Gram Panchayat building in the old locality prima facie shows that the old locality is not suitable for location of the Gram Panchayat office. Evidently this being the admitted position, I find justification in the petitioners’ grievance in respondent No.1 not bestowing his attention to their representation. In the light of these facts, I am of the opinion that interests of justice would be met if respondent No.1 applies his mind to the issue raised by the petitioners, vide their representation dated 13.01.2011 and take a decision on the location of the Gram Panchayat building. Accordingly, respondent No.1 is directed to do the needful. Pending the decision to be taken by respondent No.1, respondent Nos.2 and 3 shall not go ahead with the construction of the Gram Panchayat building at the old locality of Yerrapoor Village. Subject to the above directions, the Writ Petition is disposed of. As a sequel to disposal of the writ petition, W.P.M.P.No.623 of 2011 filed by the petitioners for interim relief is disposed of as infructuous. ________________________ C.V.NAGARJUNA REDDY, J 21st January, 2011 Note: Issue CC in five days. (B/o) GHN