IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE FIFTH DAY OF DECEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE THE CHIEF JUSTICE AND THE HON'BLE MR JUSTICE VILAS V. AFZULPURKAR Writ Petition No. 19981 of 2004 Between: 1) K. Isaac S/o Dayasali, Tamarakollu, Kaikaluru Mandal KRishna District 2) Kollipalli Srinivasa S/o Satyanarayana Tamarakollu, Kaikaluru Mandal Krishna District 3) Gubbala Nagamalliswar Rao S/o Sundar Rao Ayodyapatnam. Krishna District 4) N. Yacob, S/o Krupavaram Tamarakollu, Kaikaluru Mandal Krishna District 5) K. Bitchu S/o John Tamarakollu, Kaikaluru Mandal Krishna District 6) A. Yohan S/o Samiyelu Tamarakollu, Kaikaluru Mandal Krishna District 7) Chinnam Srinivasa Rao S/o Nageswar Rao Tamarakollu, Kaikaluru Mandal Krishna District 8) U. Jakkaiah S/o Isravelu Tamarakollu, Kaikaluru Mandal Krishna District 9) N. Adham S/o Moshe Tamarakollu, Kaikaluru Mandal Krishna District 10) D. Jayaram S/o Parasharamaiah Tamarakollu, Kaikaluru Mandal Krishna District 11) B. Balarami Reddy S/o Satti Reddy Ayodyapatnam. Krishna District 12) Chalasani Venugopal S/o Purnachandra Rao Ayodyapatnam. Krishna District 13) D. Mukkanandam S/o Krupanandam Chigurukota, Krishna District 14) D. Raju S/o Dayaseel Tamarakollu, Kaikaluru Mandal Krishna District 15) K. Rama Rao S/o Gangaiah Ayodyapatnam. Krishna District 16) P. Damos S/o Pothu Raju Tamarakollu, Kaikaluru Mandal Krishna District 17) Seelam Prasad S/o Ramanna Tamarakollu, Kaikaluru Mandal Krishna District 18) K. Yesu S/o Subakara Rao Tamarakollu, Kaikaluru Mandal Krishna District 19) B. Srinivas Rao S/o Narasimha Murthy Vemavarapupadu, Krishna District 20) T. Satyanarayana S/o yeleswar Rao Vemavarapupadu, Krishna District 21) S. Srinivasa Rao S/o Chitti Babu Vemavarapupadu, Krishna District 22) B. Vasantha Rao S/o Chitti Babu Vemavarapupadu, Krishna District 23) B. Krishna S/o Satyanarayana Vemavarapupadu, Krishna District 24) B. Koteswar Rao S/o Venkata Subba Rao Vemavarapupadu, Krishna District 25) G. Chalapathi Rao S/o Pitchaiah Vemavarapupadu, Krishna District 26) B. Prabhakar Rao S/o Subba Rao Syamalambapuram, Krishna District 27) B. Venkateswar Rao S/o Vaddikasulu Vemavarapupadu, Krishna District 28) N. Nagaraju S/o Venkateswar Rao Vemavarapupadu, Krishna District 29) B. Nagarju S/o Satyanarayana Vemavarapupadu, Krishna District 30) B. Venkatapathi S/o Krishna Vemavarapupadu, Krishna District ... PETITIONERS AND 1) Principal Secretary to Government, Government to Andhra Pradesh Education (CSS-RE) Department, Secretariat, Hyderabad 2) Zilla Parishad,Krishna District rep by chief Executive Officer, 3) The Executive Engineer, Panchayat Raj Division, Krishna, Chilakalapudi, Machilipatnam 4) Deputy Executive Engineer, Sarva Shiksha Abhiyan, Vijayawada 5) Project Officer, Sarva Siksha Abhiyan Suryaraopet, Vijayawada 6) Tamarakallu Gram Panchayat, rep by Sarpanch, Tamarakallu Village, Kaikaluru Mandal, Krishna District 7) Chairman/Head Master, Zilla parishad Unnatha Ptasala Vidya Committee, Tamarakallu Village Kailakur Mandal, Krishna District 8) Yerneni Raja Ramachandra MLA Kaikalur, Kanduru Village, Krishna District ...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 appropriate Writ, order or direction declaring the action of the 1st respondent in issuing Memo No. 2347-PSP/CSS-RE/04, dated 03-09- 2004 for construction of a School Building in Tamarakollu village, Kaikalur Mandal, Krishna District in the land situate in Sy. No 189/1 in an extent of Ac. 0.65 cents, Tamarakollu Village, Krishna District instead of constructing the School Building in the land admeasuring Ac. 1.40 cents in R.S. No. 149/6, Tamarakollu Village Kaikaluru Mandal, Krishna District gifted by Sri Tetali Satyanarayana Reddy as arbitrary, illegal, unjust mala fide, violative of Article 14 of the Constitution of India, contrary to the stand taken by the 2nd respondent in WP No. 22348 of 2002 contrary to the report of the 3rd respondent and for issuance of a consequential direction to the respondents construct the school building in the land gifted by Sri Tetali Satyanarayana Reddy as the same in convenient for the students of six villages namely vinzaram, vemavarappadu, syamalamvapuram, Ayodyapatnam, Chigurukota and Tamarakollu Village. Counsel for the Petitioner:MR.S.SRINIVAS REDDY Counsel for Respondent Nos.1 & 3 to 5: GP FOR EDUCATION Counsel for Respondent No.2: MR.M. PRABHAKAR RAO Counsel for Respondent No.6: MR. T. RAMULU Counsel for Respondent No.7: NONE APPEARED Counsel for Respondent No.8: MR. K.V. SUBBA REDDY The Court made the following: O R D E R: (Per Shri Anil R. Dave, Chief Justice) 1. This is a public interest litigation wherein the petitioners, who are residents of Tamarakollu, Ayodyapatnam, Vemavarapupadu and Symalambapuram of Krishna District, have approached this Court seeking a direction with regard to construction of Zilla Parishath High School building in the land admeasuring Ac.1-40 cts. in R.S.No.149/6 of Tamarakollu Village, Kaikaluru Mandal, Krishna District, which had been gifted by Sri Tetali Satyanarayana Reddy. 2. The petition was filed in the year 2004. While admitting the petition, on 05.11.2004, the orders of the State Government whereby the school was permitted to be constructed on the land in Survey No.189/1 of Tamarakollu Village, Krishna District had been stayed and, therefore, no school was constructed, though there is a proposal for construction of the school and some persons had already donated land for the said purpose. 3. Relevant facts which now emerge from the report, which has been submitted by District Educational Officer, Machilipatnam in pursuance of order passed by this Court on 17.11.2008 are as under: In the afore-stated villages, some persons have donated four pieces of land, which have been stated hereinbelow: Sl.No. Date of Document Document Number Survey No. Extent of Land (in Acres) Remarks 1. 27.02.2001 340/2001 189/1 1.50 2. 06.04.2001 688/2001 186 0.30 3. 01.08.2008 2176/2006 191/4 1.29 4. 26.09.2006 189/2 0.62 Panchayat Resolution dated 26.09.2006 Total Extent of Land: 3.71 4. Pieces of the afore-stated lands have been referred to by District Educational Officer, Machilipatnam as “first place” i.e. Survey No.189/1. 5. On the other hand, there is another piece of land ad-measuring Ac.1.40 cts. being part of Survey No.149/6, which has been donated by another person, which has been referred to as “second place”. 6. In a nutshell, there is a dispute among the villagers as to where the school should be constructed – whether at the “first place” or at the “second place”. 7. As stated hereinabove, because of the dispute, this public interest litigation had been filed and as a result of the interim order passed by this Court, the school has not been constructed so far. 8. In the afore-stated circumstances, the District Educational Officer was directed, by an order dated 17.11.2008, to inspect both the places and to submit his report with a suggestion supported by reasons, as to where the school should be constructed. 9. The District Educational Officer has submitted his report on 28.11.2008 along with photographs of both the places. 10. In the report submitted by the District Educational Officer, it has been submitted that the school should be constructed at the “first place” because, in that event, the school will be provided with more area. It has also been submitted that Ac.3-71 cts. of land available at the “first place” has been divided into two parts – one chunk of land admeasures Ac.3-31 cts. whereas another part of the land, which is on the other side of the road, ad-measures Ac.0-30 cts. It has been further submitted that at the “first place”, a small building constructed with asbestos sheets has been put up and at present that school is run by Zilla Parishath. 11. It has been thereafter submitted that the “second place” where the land ad-measures Ac.1-40 cts., is about 1 km. away from the existing Zilla Parishath High School and, therefore, it would be advisable to construct school at the “first place”. 12. It has been mainly submitted in the report that if the school is constructed at the “first place”, some land will be available for construction of school and as playground for children whereas at the “second place” less area of land is available and it is away from the main school. 13. Upon hearing the learned advocates and looking to the facts of the case, we are of the view that the suggestion made by the District Educational Officer, Machilipatnam should be accepted. 14. It is pertinent to note that by Memo No.2347-PSP/CSS-RE/04, dated 03.09.2004, the State Government had given necessary permission for construction of the school at the first place. Implementation of the said order had been stayed by an interim order passed by this Court. The order dated 5.11.2004 whereby interim injunction was granted is hereby vacated so as to enable the concerned authorities to construct the school at an early date in the larger interest of the students. 15. In view of the above facts, the writ petition is dismissed with no order as to costs. The concerned authorities shall do the needful for construction of the school at the earliest. ANIL R. DAVE, CJ December 05, 2008 VILAS V. AFZULPURKAR, J svs ..... REGISTRAR // TRUE COPY // SECTION OFFICER To 1.2CCs to 2.2CD copies Form-NIC-OGS/WP{TRT}