THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO :22992 of 2009 Dated: 13.6.2011 Between: R. Rajagopal Reddy .. Petitioner And 1. The District Collector, Kadapa District, Kadapa and others. .. Respondents. This Court made the following THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO :22992 of 2009 ORDER: The Upa-Sarpanch of Thotlapalli Gram Panchayat, Brahmamgari Mattam, Kadapa District, filed this writ petition seeking a direction to the respondent-authorities to prevent the 4th respondent from proceeding with the construction of the Gram Panchayat building of Thotlapalli Gram Panchayat at B.C. Colony on the ground that the said building was proposed to be located at the main road of the village as per the resolution dated 10.11.2008 of Thotlapalli Gram Panchayat. He accordingly sought a consequential direction to the respondents to construct the building as per the said resolution. This Court, while admitting the matter on 27.10.2009, granted an interim direction to the respondent-authorities to prevent the 4th respondent from proceeding with the construction of the building at B.C. Colony. This interim direction was granted for a period of three weeks, which was extended from time to time, the last such extension being on 10.12.2009 for a period of eight more weeks. There was no further extension thereafter and by virtue thereof, the interim order expired due to efflux of time. The Mandal Parishad Development Officer, Brahmamgari Mattam Mandal, the 3rd respondent, filed his counter stating that construction of the Gram Panchayat building of Thotlapalli was taken up upon the proposal of the Mandal Parishad, Brahmamgari Mattam and administrative sanction therefor was accorded by the District Collector, Kadapa under proceedings dated 15.2.2008. The said work was therefore proposed by the Mandal Parishad and not by the Gram Panchayat. He further stated that the construction was taken up at an estimated cost of Rs.4.5 lakhs at VRO Colony, a hamlet of the Gram Panchayat, which possessed the highest population/households in the Gram Panchayat and was centrally located. This location was decided as per the resolution dated 30.8.2008 passed by the Mandal Parishad, Brahmamgari Mattam. The counter goes on to state that the alleged Gram Panchayat resolution was never communicated to the Mandal Parishad at any point of time and that the building work had to be completed within six months from the date of entrustment. Accordingly, he sought for vacating the interim orders by way of the subject petition, WVMP No.3989 of 2010. With the consent of the Counsel, the main writ petition is taken up for disposal. In the light of the averments made in the counter-affidavit of the Mandal Parishad Development Officer, Brahmamgari Mattam, which remained unrebutted as the petitioner did not choose to file a reply, it is clear that the construction of the Gram Panchayat building in the B.C. colony was on the basis of the resolution passed by the Mandal Parishad and the work itself was taken up upon the proposal and with the investment of the Mandal Parishad. There is no indication of the Gram Panchayat resolution, if any, having been communicated to the Mandal Parishad at any point of time. In such circumstances, this Court is of the opinion that the petitioner, being the Upa-Sarpanch of the Gram Panchayat, cannot maintain a solitary challenge as to the location of the Gram Panchayat Building. All the more so, when he did not choose to be diligent in seeing that the interim orders granted by this Court were extended and allowed the same to expire due to efflux of time. The writ petition is therefore devoid of merit and is accordingly dismissed. No order as to costs. ___________________ Justice Sanjay Kumar Dated:13.6.2011 Nn. THE HON'BLE SRI JUSTICE SANJAY KUMAR WRIT PETITION NO : 22992 of 2009 13.6.2011