IN THE HIGH COURT OF JUDICATURE, ANDHRA PRADESH AT HYDERABAD (Special Original Jurisdiction) THURSDAY, THE SIXTEENTH DAY OF JULY TWO THOUSAND AND NINE PRESENT THE HON'BLE SRI JUSTICE N.V. RAMANA WRIT PETITION NO : 13072 of 2009 Between: 1 P. Srinivas S/o. Krishna Rao Member of K. Savaram, Undrajavaram Mandal West Godavari District. 2 B. Rama Rao S/o. Venkanna K. Savaram Gram Panchayat, Undrajavaram Mandal West Godavari District. ..... PETITIONER(S) AND 1 The District Panchayat Officer West Godavari District at Eluru 2 The District Collector West Godavari District at Eluru 3 The Sarpanch, K. Savaram Grama Panchayat, Undrajavaram Mandal, West Godavari District. .....RESPONDENT(S) 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 order or orders more particularly one in the nature of writ of Mandamus declaring the action of the 3rd Respondent in allotting the house property to the extent of 500 Sq. yards out of 1469.47 sq. yards in Sy.No. 23/4 of K. Savaram Village in favour of a private voluntary Organization for construction of pakka building and further not taken any action on the villagers Representation dt. 24-6-2009 by the Respondents is as illegal arbitrary discriminatory and subversive of Articles 14 and 16 of the Constitution of India. Counsel for the Petitioner: MR.CH.JAGANNADHA RAO Counsel for the Respondent No.: GP FOR PANCHAYAT RAJ & RURAL DEV. The Court made the following : O R D E R : The 1st petitioner claims to be the elected member of M.P.T.C. of Undrajavaram and the 2nd petitioner claims to be the Sarpanch during the year 2001 and continued till 2006. While so, one Smt. N.Seetamma donated an extent of 1469.47 Sq. yards of residential plots in Sy.No.23/4 of K.Savaram village in favour of Gram Panchayat under a registered gift deed dated 14.5.2004 for the welfare of the public. Thereafter, in the year 2009, the Sarpanch of the Gram Panchayat permitted one private organization namely Spandana Voluntary Organization to construct a pucca building in an area of 500 Sq. yards out of 1469.47 Sq. yards of the Gram panchayat property, and the 3rd respondent is making constructions for a pucca building. Then, the villagers of K.Savaram village submitted a detailed representation dated 24.6.2009 requesting respondents 1 and 2 to take necessary action against the 3rd respondent. Now, the petitioners’ grievance is that the official respondents have neither passed any orders on the representation nor initiated any action against the 3rd respondent for making illegal construction. The learned Standing Counsel for Gram Panchayat appearing for the 3rd respondent has submitted that only an extent of 500 Sq. yards of 1469.47 Sq. yards is earmarked for construction of a pucca building and the same is meant for the welfare of the mentally handicapped children and Spandana Voluntary Organization is making construction under the supervision of the 1st respondent-District Panchayat Officer. Heard the learned counsel for the petitioners, the learned Government Pleader for Panchayat Raj and the learned Standing Counsel for Gram Panchayat. As per the averments made in the writ affidavit the land in which the construction is being made, is earmarked for the welfare of the villagers of Undragivaram and having regard to the submission made by the learned Standing Counsel for Gram Panchayat, the building being constructed in 500 Sq. yards is part of total extent of land i.e. 1469.47 Sq. yards the building is earmarked for welfare of mentally handicapped children, and having regard to the fact that the matter is under consideration of the 1st respondent-District Panchayat Officer, this Court is of the opinion that the petitioners have no locus standi to question the action of the 3rd respondent-Sarpanch, this Court cannot interfere with such action. Hence, I see no merits I this writ petition, and the same is accordingly dismissed. No costs. _______________ N.V. RAMANA, J. 16th July, 2009. bcj