THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 32000 OF 2011 DATED:19-12-2011 Between: B. Mani and another … Petitioners And The State of Andhra Pradesh, rep., by its Secretary, Panchayat Raj Department, Secretariat Buildings, Hyderabad and three others … Respondents THE HON’BLE THE CHIEF JUSTICE SHRI MADAN B. LOKUR AND THE HON’BLE SHRI JUSTICE SANJAY KUMAR WRIT PETITION No. 32000 OF 2011 ORDER: (per the Hon’ble the Chief Justice Shri Madan B. Lokur) 1. The grievance of the petitioners who are residents of Mittakandiga Village, Palasamudram Mandal, Chittoor District is that despite supersession of the resolution passed by the Gram Panchayat on 25- 06-2010 by another resolution dated 08-12-2010, construction of a panchayat building is going on in Survey No. 307/3 in Gangamambapuram Village. The prayer in the writ petition is therefore to restrain the respondents from constructing the Gram Panchayat building in Survey No. 307/3 of Gangamambapuram Village, Palasamudram Mandal in Chittoor District. 2. We have gone through the resolution of the Gram Panchayat dated 25-06-2010. We have also gone through the resolution dated 08- 12-2010 and notice that the latter resolution is passed by the Gram Sabha and not by the Gram Panchayat. According to the latter resolution dated 08-12-2010, the construction is to take place in Survey No. 263/12 of Abbiraju Kandriga Village of Gangamambapuram Village. The resolution of the Gram Panchayat dated 25-06-2010 may have been superseded by the Gram Sabha resolution dated 08-12- 2010, but not by the Gram Panchayat. We propose to consider the effect of this a little later. 3. Learned counsel for the petitioners relies upon G.O.Ms.No. 220, dated 11-06-2010 to submit that only one Gram Panchayat building can be constructed. 4. We have gone through G.O.Ms.No. 220, dated 11-06-2010 and find that the submission of learned counsel for the petitioners is correct, but the G.O further states that the construction shall be at a place decided by the Gram Panchayat by a resolution passed on or before 30- 06-2010. 5. Insofar as the construction in Survey No. 307/3 is concerned, that was, as mentioned earlier, because a resolution of the Gram Panchayat dated 25-06-2010. It therefore falls within the guidelines laid down in G.O.Ms.No.220, dated 11-06-2010. Under the circumstances, the construction going on in Survey No. 307/3 pursuant to the Gram Panchayat resolution dated 25-06-2010 is a valid construction. The supercession (if at all) of the resolution passed by the Gram Panchayat by the Gram Sabha is not relevant at all. 6. We also find that a similar issue was raised by some other persons belonging to Palasamudram Mandal, Chittoor District by filing W.P No. 19949 of 2011. In that writ petition, an interim order was passed to the effect that the construction of the gram panchayat building shall be made as per the resolution of the Gram Panchayat and in accordance with G.O.Ms.No.220, dated 11-06-2010. This fact has not been disclosed by the petitioners in the present writ petition. 7. Learned counsel for the petitioners says that his clients were not aware of the order passed in W.P No. 19949 of 2011. 8. We find it somewhat difficult to accept this contention because the petitioners in the earlier writ petition are from the same mandal as the present petitioners and it is unlikely that the present petitioners were not aware of the orders passed in the earlier case. 9. However, we are not basing our decision on the interim direction passed in W.P No. 19949 of 2011, but on the Gram Panchayat resolution dated 25-06-2010 read with G.O.Ms.No.220, dated 11-06- 2010. As mentioned above, the subsequent resolution of the Gram Sabha is irrelevant in the context. 10. We do not find any merit in the writ petition and accordingly, it is dismissed. The miscellaneous application is also dismissed. MADAN B. LOKUR, CJ SANJAY KUMAR, J 19-12-2011 ks