IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) FRIDAY, THE TWENTY FIRST DAY OF NOVEMBER TWO THOUSAND AND EIGHT PRESENT THE HON'BLE MS JUSTICE G.ROHINI WRIT PETITION NO : 2309 of 2002 Between: Cheethirala Muralimohan S/o Nemalaiah Setty R/o Kanigiri Prakasam district ..... PETITIONER AND 1 The District Collector Panchayat Wing Prakasam District Prakasam Bhavan Ongole Orakasam District. 2 The District Panchayat Officer, Prakasam Bhavan Ongole Prakasam District. 3 The Executive Officer, Gram Panchayat, Kanigiri Prakasam District. 4 The Sarpanch Gram Panchayat Kanigiri Prakasam 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 a Writ or order or direction, particulrly one in the nature of Writ of Mandamus, declaring the action of the respondents in seeking to demolish the existing reading room (Library) and park in the site donated by the ancestors of the petitioner of anextent of 168.4 ft., on the western side, 168.4 ft., on the eastern side, 45.5 ft., on the southern side and 53.6 ft., on the northern side, situated in Garlapeta road Kanigiri, Prakasam District, and in seeking to construct vegetable market rooms with slab as mentioned in item No. 2 (subject ) of the Agenda of the meeting notice dt: 2-2-2002 issued by the 4th Respondent, as illegal, arbitrary and unwarranted, adn consequently forbear the respondents from doing so, Counsel for the Petitioner:MR.M.SUBBA REDDY Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : THE HON’BLE MS JUSTICE G.ROHINI W.P.NO.2309 OF 2002 ORAL ORDER+ The writ petition is filed seeking a declaration that the alleged action of the respondents in seeking to demolish the reading room(library) and park in the site donated by the ancestors of the petitioner situated in Garlapeta Road, Kanigkiri, Prakasam district, is arbitrary and illegal. It is alleged by the petitioner that the respondents were trying to demolish the library without following the due process of law for the purpose of construction of a vegetable market in the site. This court, having noticed the fact that the land was donated specifically for the purpose of construction of a reading room by way of gift deed and the same was being used for the said purpose for the past many years by the villagers, granted interim order of demolition by order dated. 07-02-2002. In the counter-affidavit filed by the Sarpanch of the Gram Panchayat-4th respondent the fact that the site in question was donated in the year 1928 by one Smt.Cheethirala Kamalamma has not been disputed. However, it is stated that the building was in dilapidated condition and therefore the Gram Panchayat proposed to construct rooms for vegetable market. It is also contended that the gift was for a general public purpose and therefore the Gram Panchayat was at liberty to make use of the same for any public purpose. The question whether the gift was for a specific purpose of public library or for any other public purpose cannot be enquired into and decided by this Court in exercise of jurisdiction under Article.226 of the Constitution. However, having regard to the dispute raised by the petitioner, I deem it appropriate to dispose of the writ petition with a direction to the Gram Panchayat to provide an opportunity to the legal heirs of the donor to raise their objections if any before taking any steps for proposed construction of a room for vegetable market. The matter shall also be considered by the Gram Panchayat in accordance with law and appropriate decision be taken before proceeding further. No costs. _____________ G.ROHINI,J 21st November,2008 *TSNR