IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD THURSDAY, THE THIRD DAY OF APRIL TWO THOUSAND AND EIGHT PRESENT HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 367 of 2008 (Writ Appeal under Clause 15 of the Letters Patent against the Order dated 20/11/2007 in WP NO : 20984 OF 2005 on the file of the High Court.) Between: M.Penchalaiah, S/o.Gangaiah, R/o.1/104, kalla Street,Vontimetta, Cuddapah district. ..... APPELLANT AND 1 The District Collector (Panchayat), Cuddapah, Cuddapah District. 2 The District Panchayat Officer, Cuddapah, Cuddapah district. 3 The Project Director, I.C.D.S., Opp: District Court, Cuddapah, Cuddapah District. 4 The Deputy Executive Engineer, Social Welfare Department, Cuddapah, Cuddapah district. 5 The Circle Inspector, Vontimetta Police Station, Vontimetta Village & Mandal, Cuddapah district. 6 The Sarpanch, Gram Panchayat, Vontimetta Village & Mandal, Cuddapah District. .....RESPONDENTS Counsel for the Appellant : MR.V.MALLIK Counsel for the Respondents : GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : HON'BLE THE CHIEF JUSTICE SRI ANIL R. DAVE And HON'BLE SRI JUSTICE R.SUBHASH REDDY WRIT APPEAL NO : 367 of 2008 JUDGMENT : (Per Hon’ble The Chief Justice Sri Anil R.Dave) Being aggrieved by an order dated 20th November 2007 passed in Writ Petition No.20984 of 2005, this appeal has been filed by the original petitioner. Facts in a nutshell giving rise to the present appeal are as under: The appellant/petitioner is a resident of village Vontimetta, wherein a building for Anganwadi is being constructed. The appellant/petitioner filed a petition contending that the building of Anganwadi should not have been constructed in Survey No.1500/b of village Vontimetta. He has also offered in the petition that he is ready and willing to give his own land, where Anganwadi can be constructed. The reason for his objection is that the land, which has been used for the purpose of construction of Anganwadi, can be better used for extension of a temple, which is in existence. After considering the submissions made by the learned Advocate appearing for the appellant/petitioner, the learned Single Judge rejected the petition on the ground that the appellant/petitioner had no locus. It has been also found by the learned Single Judge that it was for the authorities to decide the place, where Anganwadi could be constructed. We have heard learned Advocate appearing for the appellant and also considered the reasons recorded by the learned Single Judge while rejecting the petition. We are in agreement with the reasons given by the learned Single Judge. It is true that the appellant/petitioner has no locus to file the petition. His case before the learned Single Judge and before this Court is that Grama Sabha had objected to the place where the Anganwadi is being constructed. It is pertinent to note that Grampanchayat, whose permission is required to be taken, according to the case of the appellant, for the purpose of construction of Anganwadi, has not objected to the construction. It is not in dispute that no notice was ever issued by the Grampanchayat to the authorities, who are constructing the Anganwadi building. The Panchayat is not aggrieved, for, there is no illegality in the construction of Anganwadi. It is also an admitted fact that construction upto lintel level of the Anganwadi building has been completed. In our opinion, it is for the authorities to decide the place where Anganwadi should be constructed. The learned Single Judge has rightly not exercised his powers under Article 226 of the Constitution and rightly has not interfered with the construction of the Anganwadi building. For the aforesaid reasons, we also feel that the impugned action of the authorities with regard to construction of Anganwadi cannot be said to be illegal. The appeal is, therefore, dismissed. _________________ ANIL R. DAVE, CJ 3rd April 2008 ___________________ R. SUBHASH REDDY, J ajr To: 1 The District Collector (Panchayat), Cuddapah, Cuddapah District. 2 The District Panchayat Officer, Cuddapah, Cuddapah district. 3 The Project Director, I.C.D.S., Opp: District Court, Cuddapah, Cuddapah District. 4 The Deputy Executive Engineer, Social Welfare Department, Cuddapah, Cuddapah district. 5 The Circle Inspector, Vontimetta Police Station, Vontimetta Village & Mandal, Cuddapah district. 6 The Sarpanch, Gram Panchayat, Vontimetta Village & Mandal, Cuddapah District.