IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MR JUSTICE V.ESWARAIAH WRIT PETITION NO : 420 of 2008 Between: 1 Thippireddy Saida Reddy, S/o.Linga Reddy, R/o.Pochampalli(V),Jaggaiahpeta(M), Krishna Dist 2 Paritala Yelamanda, S/o.Perraiah, R/o.Pochampalli(V),Jaggaiahpeta(M), Krishna Dist 3 Telluri Perireddy, S/o.Venkata Reddy, R/o.Pochampalli(V),Jaggaiahpeta(M), Krishna Dist 4 Mullangi Sambasiva Reddy, S/o.Suryanarayana Reddy, R/o.Pochampalli(V),Jaggaiahpeta(M), Krishna Dist 5 Pingali Ramakrishna Reddy, S/o.Peri Reddy, R/o.Pochampalli(V),Jaggaiahpeta(M), Krishna Dist 6 Banka Venkateswarlu, S/o.Yesuratnam, R/o.Pochampalli(V),Jaggaiahpeta(M), Krishna Dist ..... PETITIONERS AND 1 The Pochampalli G.P, Pochampalli(V) Jaggaiahpet(M), Krishana Dist Rep.by its Secretary 2 The Dist Panchayat Officer, Machilipatnam,Krishna Dist 3 The Dist Collector, Machilipatnam,Krishna Dist 4 The Assistant Engineer, Panchayat Department, Jaggiahpet .....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 an order or direction more particularly in the nature of writ of Mandamus to declaring the action of the respondents in proposing to construct veterinary hospital in the Mutyalamma temple premises in Pochampalli(V) Jaggaiahpeta(M),Krishna Dist contrary to the provisions under the A.P.Grama Panchayat Act as arbitrary,illegal and consequently direct the respondents to construct the veterinary hospital in any place in the (V) except in and around the Mutyalamma temple premises in pochampalli(V) Jaggaiahpet,Krishna Dist in the interest of justice. Counsel for the Petitioner: Mr.P.NAGENDRA REDDY Counsel for the Respondents: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : ORDER: Heard learned counsel appearing for the petitioners; learned Government Pleader for Panchayat Raj and Rural Development; learned Government Pleader for Revenue; and the learned counsel appearing for the respondents. 2. It is the case of the petitioners, who are the residents of Pochampalli village, Jaggaiahpet mandal, Krishna District, that there is a Mutyalamma temple in the said village in an extent of 3.5 cents and jatara also takes place every year. While so, though there are many vacant sites available the 1st respondent-Pochampalli Gram Panchayat decided to construct a veterinary hospital abutting the temple. It is stated that the petitioners have made a representation, dated 26-12-2007, before the 1st respondent objecting the construction of the veterinary hospital and to shift the selected place to some other suitable area, but no action has been taken so far. Hence, the present Writ Petition. 3. I am not inclined to express any opinion with regard to the said contention as to whether any suitable site is available for construction of the said veterinary hospital. As admittedly construction of veterinary hospital is in the public interest and the services of the veterinary hospital are required for the animals and cattle etc., the only question that arises is what is the suitable place and it is for the Gram Panchayat to consider and decide the same. However, as the representation, dated 26-12-2007, said to have been filed by the petitioners is pending, 1st respondent is directed to consider and dispose of the said representation, pending if any, in accordance with law. 4. Accordingly, Writ Petition is disposed of. There shall be no order as to costs. _________________ V.ESWARAIAH,J 04th March, 2008 Tsy To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{BMR}