Andhra Pradesh High Court - Amravati
The vs /Ws & Vv/Wv Department on 5 May, 2022
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.965 of 2021
ORDER:
The petitioner is a resident of Venkupalli Village in
Kadapa District. The Government had initially sanctioned a
Village Secretariat to the Gram Panchayat, Venkupalli in
accordance with G.O.Ms.No.110 dated 19.07.2019. Originally
the location of the building was to be in Venkupalli Village.
However, the location of the building was shifted from
Venkupalli Village to Zillella village which is part of the same
Gram Panchayat and a foundation stone has also been laid for
construction of the building. The petitioner states that the
petitioner and other villagers had made a number of
representations to the authorities, to stop the construction of
the building in Zillella Village, and to take up construction of
the building in Venkupalli village. The petitioner contends that
the reasons given by the authorities, that there is no
government land, available in Venkupalli Village, is only an
excuse to shift the building to Zillella Village.
2. The 6th respondent and the 7th respondents have
filed separate counters. In the counter filed by the 6th
respondent, it is stated that the Village Secretariat had
initially been proposed to be constructed in Venkupalli Village
as part of the 'Navaratnalu scheme' in accordance with
G.O.Ms.No.110 dated 19.07.2019. However, the Assistant
Engineer (RWS & S) Duvvur Mandal, on inspection of the site,
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W.P.No.965 of 2021
had informed that the site allotted in Venkupalli Village was
not suitable for construction of the Secretariat building as the
said site cannot accommodate the building with proper
dimensions. The Assistant Engineer had also requested for
allotment of an alternative suitable site at Venkupalli Village
itself. Thereafter, the Tahsidlar, Duvvur Mandal has stated
that there was no alternative land available at Venkupalli
Village. At that stage, one Sri S.Sai Pratap of Zillella Village
came forward to donate half an acre in Sy.No.116/2A in
Zillella Village, free of cost, for construction of a Village
Secretariat, Rythu Bharosa kendram and Y.S.R Clinic. The
villagers of Zillella Village had also given a representation to
the District Collector to establish these buildings in Zillella
Village as it would be convenient for all the habitations which
form the Venkupalli Gram Panchayat. The 6th respondent goes
on to state that on examination of these requests of the
villagers of Zillella, it was found that the location of these
buildings in Zillella would ensure that it would be more
centrally located.
3. In view of these factors, proposals were placed
before the Commissioner, VS/WS & VV/WV Department,
Thadepalli, Guntur District, by a letter of the 3rd respondent
bearing Rc.No.N8/1059/2020, dated 18.01.2021. The matter
was then sent up to the Special Chief Secretary to the
Government, Department of GV/WV & VS/WS, who had
accorded permission to the Commissioner & Director vide
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W.P.No.965 of 2021
Memo No.1396928/GWS01/169/2021, dated 26.04.2021 to
change the location of the Village Secretariat from Venkupalli
Gram Panchayat to Zillella Gram Panchayat. On the basis of
these proceedings, the location of the building was shifted
from Venkupalli to Zillella.
4. The 6th respondent also relied upon a judgment of
the Division Bench of this Court in W.A.Nos.55 and 99 of 2021
dated 27.08.2021. In this case, the Division Bench had
considered a case of relocation of the Village Secretariat from
the original location to another location. The Division Bench,
after considering G.O.Ms.No.110, dated 19.07.2019 had held
that the location of a Village Secretariat is essentially an
administrative matter and a decision in this regard has to be
taken by the executive. In view of the specific reasons given for
the change of the location, it cannot be said that the decision
to change the location of the Village Secretariat is so irrational
that this Court is required to intervene the exercise of the
discretion.
5. The petitioner in his reply affidavit had disputed
the distances pointed out by the 6th and 7th respondent in
their counter affidavits. However, the fact remains that the
non availability of necessary land in Venkupalli Gram
Panchayat cannot be ignored. In the circumstances, the
petitioner cannot insist that the Gram Panchayat has to be
built only in Venkupalli Village irrespective of whether
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W.P.No.965 of 2021
necessary extent of land is available in Venkupalli Village or
not.
6. Accordingly, this writ petition is dismissed. There
shall be no order as to costs.
Miscellaneous petitions, pending if any, shall stand
closed.
___________________________________
JUSTICE R.RAGHUNANDAN RAO
Date : 05-05-2022
RJS
RRR,J
W.P.No.965 of 2021
THE HON'BLE SRI JUSTICE R.RAGHUNANDAN RAO
WRIT PETITION No.965 of 2021
Date : 05.05.2022
RJS
RRR,J
W.P.No.965 of 2021
