THE HONOURABLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.6910 of 2006 DATED: 03.06.2010 Between: Pallepamu Srinivasa Rao .. Petitioner And The District Collector, Panchayat Wing, Krishna District at Machilipatnam and others. .. Respondents ORDER: Petitioner claims to be the Ward Member of Thukkuluru Gram Panchayat, Nuzvid Mandal, Krishna District. He states that there is Government Poramboke land in R.S.No.276/5, admeasuring Ac.1.25 cents, in Thukkuluru Village, and the Gram Panchayat has been requesting the authorities to allot the said land to landless poor belonging to S.C., B.C., Minority and other weaker section people in the village, for construction of houses, and also for construction of a school building. While so, it is the case of the petitioner that, without considering their request and allotting the said land to landless poor in their village for the purpose of construction of houses, the 1st respondent- District Collector, Krishna District, has taken up construction of houses in the said land, under Rajiv Gruha Kalpa program, for the purpose of providing houses to weaker section people in Nuzvid Town. He further states that, utilizing the land in the village for the benefit of urban people, ignoring the interests of the villagers and contrary to the resolution dated 17.12.2005 passed by the Gram Panchayat, opposing the impugned action of the respondents and refusing to approve the layout plan for construction of houses under Rajiv Gruha Kalpa Scheme, is arbitrary and illegal. Though the writ petition was admitted on 06.04.2006 itself, no counter-affidavit is filed by any of the respondents so far. However, today, when the matter is taken up for consideration, learned Assistant Government Pleader for Panchayat Raj appearing for the respondents has produced the parawise remarks submitted by the District Panchayat Officer, Krishna District at Machilipatnam. It is admitted in the said parawise remarks that the Government has proposed to construct houses in the subject land under Rajiv Gruha Kalpa Scheme, which is meant for providing houses to poor and lower income group people in urban areas. It is, however, stated that Tukkuluru village is very adjacent to Nuzvid Town and that, under the present scheme, the Government has sanctioned 50 houses to Tukkuluru Gram Panchayat and thus the villagers of Tukkuluru Gram Panchayat were also benefited under the present scheme. So far as the resolution dated 17.12.2005 passed by the Gram Panchayat, refusing to approve the layout plan, is concerned, it is stated that, under the provisions of the A.P. Panchayat Raj Act, 1994, the Gram Panchayat has no power to pass such a resolution against the Government, when the Government proposes a scheme for the benefit of poor people. Heard the learned counsel for the petitioner and the learned Assistant Government Pleader for Panchayat Raj and perused the record. It is not in dispute that the Government has proposed to construct houses in the subject land, under Rajiv Gruha Kalpa program, for the purpose of providing houses to landless poor living in Nuzvid town, which is adjacent to Tukkuluru village. Though it is the contention of the petitioner that the request of the Gram Panchayat for allotment of subject land to landless poor in the village is not considered by the respondents, it is clear from the parawise remarks that, under the present scheme, 50 houses were allotted to landless poor in the village. Thus, it cannot be said that the villagers are not being benefited by the present scheme. This apart, it is for the Government to take up schemes for the benefit of poor people either in the urban areas or rural areas, and the Gram Panchayat has no power to oppose the said scheme and demand to utilize the entire land for the benefit of villagers. Thus, there are no grounds to grant the relief as prayed for by the petitioner, under Article 226 of the Constitution of India. The writ petition is devoid of merit and is accordingly dismissed. No costs. __________________ JUSTICE N.V. RAMANA 3rd June, 2010 IBL