THE HON’BLE SRI JUSTICE N.V. RAMANA WRIT PETITION No.27448 of 2009 ORDER: This writ petition is filed questioning the action of the official respondents in proposing to construct additional accommodation for MPUP School, Graddagunta and nominating the sixth respondent to execute the said construction work. It is the case of the petitioner that MPUP School is located by the side of the way leading to Gollapalem and Papi Reddy Kandriga. There are five primary schools in Graddagunta Gram Panchayat and MPUP School is the only Upper Primary School for all the said primary schools. MPUP School has only two rooms and classes for some sections are being conducted under trees and pedals. Therefore, the authorities have recommended for additional accommodation and funds in that regard were sanctioned two years back itself under Rajiv Vidya Mission. As the Gram Panchayat failed to provide the lands, the funds could not be used. Hence, the petitioner and some others have convinced one Mr.Katta Ramanaiah to part with his Ac.0.11 cents of land in Survey No.118-3. Accordingly, the said Ramanaiah gifted the said land in favour of the third respondent-Mandal Praja Parishad Development Officer, Ozili, by way of deed of settlement dated 12.11.2009. While so, the sixth respondent influenced the fourth respondent-Sarpanch, Graddagunta Gram Panchayat, manipulated antedated resolutions of the Gram Panchayat and obtained signatures of some members stating that it was necessary for construction of school in Survey No.118-3, but in the body of the resolution it was written that the school is proposed to be constructed in Sy.No.137 showing the said land as belonging to Mokkapati Krishnaiah and he has gifted the same for construction of additional class rooms and that the construction work shall be given to Mokkapati Prasad, S/o.Krishnaiah (sixth respondent). The resolution is dated 06.11.2009, and it was said to have been sent to the third respondent and fifth respondent- Mandal Education Officer, Ozili Mandal. It is stated that the names of the members, who attended the meeting to discuss the agenda, and the body of the resolution are different, in the copies sent to two officers. It is further stated that the land in Survey No.137 is grama kantham poramboke, as per the certificate issued by the Tahsildar, Ozili. The sixth respondent has managed respondent Nos.3 and 5 to send report dated 17.11.2009 to the second respondent-Project Officer, Rajiv Vidya Mission recommending contract in his favour on the ground that he has donated Ac.0.30 cents of land. In view of the said collusive and manipulated actions of members of the Gram Panchayat, the petitioner filed a representation dated 02.12.2009 before the third respondent stating that there was no such meeting held or resolution passed by the Gram Panchayat, and that the proposed site is not convenient for the school, as it is 200 Mtrs away from the existing school and dangerous to the children. He further stated that himself, Presidents of Produpu Lakshmi Groups and some other residents of Graddagunta Village have also filed representation dated 30.11.2009 before the first respondent-District Collector, SPSR Nellore District to intervene in the matter. His grievance is that respondents 1 and 3 have not taken any action on the said representations so far. This Court, on 16.12.2009, while issuing notice before admission, granted interim stay for a period of eight weeks. Now, seeking vacation of the said interim order dated 16.12.2009, respondents 4 and 6 filed W.V.M.P.No.1001 of 2010 and respondents 1 and 2 filed W.V.M.P.No.1445 of 2010. When the above vacate stay petitions were taken up for hearing, both the learned counsel agreed to argue the main writ petition itself and hence, the main writ petition is taken up for disposal. Though the petitioner contends that the sixth respondent influenced the Sarpanch and manipulated the resolutions of the Grampanchayat in order to get the contract work relating to construction of additional class rooms to MPUP School, Graddagunta for himself, the fact remains respondents 1 and 2 in the counter- affidavit filed by them stated that the existing school building of MPUP school is not sufficient to accommodate for all the children, and therefore, additional accommodation was proposed and for the said purpose, the Gram Panchayat got the land from the donors and resolved to take up construction work therein and the work was entrusted to the Chairperson/Sarpanch of the School Management Committee as per the rules but not in the name of M.V. Prasad i.e., respondent No.6. Since the work in question was entrusted to the Chairperson/ Sarpanch of the School Management Committee, and not in the name of any individual, muchless respondent No.6, the allegation made by the petitioner that the construction work was being allotted to the sixth respondent, is baseless. The writ petition is devoid of merit, and the same is accordingly dismissed. There shall be no order as to costs. N.V. RAMANA, J Date: 03.08.2010 va