THE HONOURABLE SRI JUSTICE NOOTY RAMAMOHANA RAO W.P.No.19262 of 2002 ORDER: This writ petition has been instituted by a Sarpanch of a village calling in question the correctness and validity of an order passed on 2.9.2002 by the District Collector, Chittoor District directing the Gram Panchayat Office to be housed in a new building which was got constructed by Sanjay Gandhi Yuvajana Sangh by `shram daan’ of the villagers. It was further suggested that that the new building is sufficiently furnished and is also convenient for the general public to access the same. This order of the Collector has been resisted on the ground that on 26.1.2002, the Gram Sabha was conducted wherein it was resolved that the Gram Panchayat Secretariat/Office be located at Pata Manchoor village instead of shifting the same to Kotha Manchoor village. It is also stated that the Mandal Parishad at Valmikipuram also considered the request of the Gram Panchayat and passed resolution to sanction permission for construction of the Gram Panchayat office at Pata Manchoor village on 10.3.2002. I have heard the learned counsel for the writ petitioner Sri C.Kodandaram and learned Government Pleader for Panchayat Raj for the respondents. While reiterating the contention that Patha Manchoor village is centrally located for the purpose of establishing the Gram Panchayat office there and also for the reason that it will have better access to reach out for all the eight villages which form part of the Manchoor Gram Panchayat, the learned counsel would submit that the directions issued by the Collector are not backed by any authority under law. He would characterize the orders passed by the Collector as opposed to the provision contained under Section 262 of the Panchayat Raj Act. On the contrary, the District Collector in the counter affidavit filed, has pointed out that Kotha Manchoor village is centrally located village and that there are several other institutions like the High School, Veterinary Hospital, Branch Post Office, Anganwadi School and Mandal Parishad Upper Primary School which are all located at Kotha Manchoor village and that with the `shram daan’ of the villagers, they have got constructed the Gram Panchayat office building under the `Janma Bhoomi programme’ at the location handed over by Sanjay Gandhi Yuvajana Sangham and the Panchayat Secretariat has started operating the office at Patha Manchoor village utilizing the building meant for milk collection center, much against the will and wish of the majority of the residents. The Collector would submit that taking into account all relevant factors only, the Gram Panchayat Office was asked to be located in the building which is not only got constructed by the `shram daan’ of the villagers but also by furnishing it appropriately. If we look at the provision contained under Section 262 of the Panchayat Raj Act, 1994, it becomes instantaneously clear that the District Collector, the Commissioner for Panchayat Raj or the State Government in cases of emergency, direct or provide for the execution of any work, or the doing of any act which a gram panchayat or executive authority is empowered to execute or do, and the immediate execution or doing of which is in his opinion necessary for the safety of the public, and the necessary expenditure shall be paid by the person having the custody of the gram panchayat fund in priority to any other charges. I am afraid that the impugned order passed is certainly not traceable to the provisions contained in Section 262. To my mind, the provisions contained in Section 262 deal with the cases where in the larger interests of the public and factors propelled by public safety, in certain emergency conditions and situations special powers have been conferred upon the District Collector, Commissioner of Panchayat Raj and the State Government as the case may be to issue certain directions which have got to be carried out on priority basis. This is not one such case where the District Collector has invoked such power available to them. Hence, I do not agree with the contention canvassed by the learned counsel for the petitioner that the impugned order has been passed by the District Collector contrary to the provisions contained under Section 262 of the Act. In my opinion, the impugned order is a simple act of taking prudent and positive action upon a representation received by District Collector from the villagers of Kotha Manchoor where a new building has been constructed by `shram daan’ of the villagers. It is not a case where the Gram Panchayat Secretariat/Office has already been located in a permanent building of its own. Since the said office has been functioning from a make shift building which is in fact intended to be utilized as a milk collecting center in the village, the impugned order is a simple and pure administrative order directing the Gram Panchayat to locate its office in the newly constructed building and operate therefrom. Primarily, it is intended to serve two purposes: (1) In the opinion of the District Collector, the said facility is easily accessible by the residents of the villages concerned. (2) The building itself has been got constructed by the `shram daan’ of the villagers. Thus, an infrastructural facility which has been so provided has got to be put to effective, if not meaningful use. It would also help in augmenting the revenue of the Gram Panchayat inasmuch as it is not required to pay any rent or lease amount for a hired accommodation and more importantly when an infrastructural facility which has been constructed by the `shram daan’ of the villagers should not go waste. The writ petitioner being a Sarpanch in office is obviously resisting the directive issued by the District Collector for reasons other than the merits of the matter. I therefore do not consider that this is an appropriate case where the writ petitioner should be heard before hand by the District Collector prior to passing the impugned order, as no right of the writ petitioner much less a vested right or a legal right is violated in the process. The assessment by a public agency as to the convenience of all concerned, is mostly based upon a subjective satisfaction of all the relevant factors. There cannot be any fixed parameters or yardsticks by which the same can be assessed with a methodical precision. When once it has been stated that there are several other infrastructural facilities such as high school, upper primary school, anganwadi schools, post office etc., available at Kotha Manchoor village, it reflects that the said village is better accessed by the residents of the villages, which comprise the Gram Panchayat than the Patha Manchoor village where the present Gram Panchayat Office is functioning from a make shift arrangement of a milk collecting center. Therefore, I do not find any merit in the writ petition and accordingly the same is dismissed. But, however, without costs. ______________________ NOOTY RAMAMOHANA RAO,J 06-04-2010 knk