Jyothi Malakondaiah, v. The State Of Andhra Pradesh

HON'BLE SRI JUSTI CE A. RAMALI NGESWARA RAO Writ Petition No. 28450 of 2017 Order:

Heard learned counsel for the petitioners.

The petitioners state that they are residents of A.B. Kandriga village, Bogole Mandal, SPSR Nellore District and eking out their livelihood by doing agriculture. They state that an amount of Rs.15,00,000/- was sanctioned for construction of Panchayat building by the Government to the fifth respondent. They came to know that the Panchayat building is being constructed in a private land belonging to one S. Subbaraidu, though the Government land is available in the village near by. They submitted a representation on 13.07.2017 to the third respondent requesting him to decide whether it is beneficial to construct Panchayat building in a private land or in Government land. Though they asked for information relating to the construction of the building from the Mandal Parishad Development Officer on 18.07.

2017, they did not receive any information. In those circumstances, they submitted a representation on 29.07.2017 to the respondents 2 and 4 seeking justice and when it did not elicit any response, the present Writ Petition is filed. As stated above, the petitioners are the villagers of A.B. Kandriga village, Bogole Mandal, SPSR Nellore District and now a Panchayat building is being constructed by receiving funds from the Government. It is for the authorities and the Gram Panchayat to take a decision with regard to location of the building and the petitioners cannot have any grievance. If the petitioners did not receive the required information, they can avail the remedy of Right to Information Act.

Panchayat building is being constructed in a private land when the Government land is available. This Court cannot enquire the circumstances under which the alleged private land is being utilised for construction of the Panchayat building. This Court sees no bona fides in the present Writ Petition.

The Writ Petition is, accordingly, dismissed at the admission stage. There shall be no order as to costs.

As a sequel thereto, the miscellaneous petitions pending in this Writ Petition, if any, shall stand closed.

____________________________ A. RAMALI NGESWARA RAO, J Date: 24.08.2017 Nsr