HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29588 of 2011 Date: November 23, 2011 Between: 1. Gollapalli Satyanarayana, Ward Member, r/o S.Timmapuram Village, Kirlampudi Mandal, East Godavari District. 2. Badda Sunder Rao, Ex-Sarpanch, r/o S.Timmapuram, Kirlampudi Mandal, East Godavari District. … Petitioners And 1. The District Collector (Panchayat Wing), East Godavari District, Kakinada & 5 others. … Respondents * * * HON’BLE SRI JUSTICE NOUSHAD ALI WRIT PETITION No.29588 of 2011 O R D E R: Petitioners 1 and 2, who claim to be the Member and Ex- Sarpanch of S.Timmapuram village respectively, have filed this writ petition seeking declaration that the action of the respondents in undertaking to construct Gram Panchayat building of S.Timmapuram village by demolishing the existing water tank and pump shed with motor, as illegal. 2. The brief facts are that S.Thimmapuram Gram Panchayat does not have its own building. The District Collector therefore accorded administrative sanction for construction of a building with an estimated cost of Rs.10.00 lakhs under Mahatma Gandhi National Rural Employment Guarantee Scheme (MGNREGS). The Gram Panchayat adopted Resolution No.29 on 26.6.2010 approving the proposal to construct the said building in Survey No.136/1 in compliance with the conditions of the scheme. The petitioners have approached this Court by filing this writ petition opposing the said construction contending that there is a water tank fitted with a motor pump constructed on the land in Survey No.136/1 and that the respondents therefore are not justified in constructing the panchayat building. If the said water tank is demolished, it will deprive the drinking water facility to the villagers. It is further contended that alternative sites are available in the village where the proposed building could be constructed without affecting the water tank existing on the site. 3. Respondents 2 and 5 have filed counter-affidavits. Respondent 2 is the District Panchayat Officer, who in his counter has stated that the construction of Gram Panchayat building in Survey No.136/1 is very much in public interest. It is stated that the water tank situated in Survey No.136/1, which was constructed 15 years back, and the pump set have become defunct. The Gram Panchayat therefore has adopted Resolution No.8 dated 27.6.2011 for demolition of the said water tank which is not in use. A new overhead tank was constructed in Survey No.138 with the capacity of 60,000 litres with 10 HP motor pump in the year 2007 and is functioning since 14.01.2009. Therefore, there is no difficulty in supplying safe drinking water to the entire village. It is further stated that even though the Gram Panchayat passed resolution for demolition of the dilapidated tank, the panchayat building proposed to be constructed is not by demolishing the defunct tank, but in the vacant site adjacent to the existing tank. 4. The 05th respondent has filed counter besides reiterating the facts as stated by the second respondent, it is stated that the sites suggested by the petitioners are not suitable and are classified as water tank and the land is found with loose soil. The site selected for construction of the panchayat building is in the middle of the village and convenient to all the villagers. 5. I have heard Sri K.V. Seshagiri Rao, learned counsel for the petitioners, learned Government Pleader for Panchayat Raj and Rural Development and Sri G. Elisha, learned standing counsel for respondents 5 and 6. 6. There is no dispute with regard to undertaking of construction of the Gram Panchayat building under a resolution of the Gram Panchayat. The first petitioner, who is a member of the Gram Panchayat, is a party to the said resolution. There is also no dispute that the District Collector has accorded administrative sanction and the construction is proposed to be made at the site adjacent to the defunct tank. The learned counsel for the petitioners does not dispute that the tank has already become defunct for a considerable period. He has also not disputed that a new tank has already been constructed which is catering to the needs of the public. 7. Even though it is suggested that alternative sites are available, indisputably those lands are found unsuitable being tank lands with loose soil. At any rate, these are the matters within the domain of concerned authorities and this Court cannot substitute its opinion as to where a Gram Panchayat office could be located. Apparently, the petitioners have no bona fides in approaching this Court. 8. The writ petition is devoid of merit and is accordingly dismissed. No order as to costs. _________________ NOUSHAD ALI, J Date: November 23, 2011. BSB