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2021 DIGILAW 217 (AP)

Meeduri Prasanthi Kumar, S/o. Meeduri Raja Rao v. State of Andhra Pradesh, rep. by its Principal Secretary, Municipal Administration and Urban Development Authority

2021-03-31

ARUP KUMAR GOSWAMI, C.PRAVEEN KUMAR

body2021
ORDER : Arup Kumar Goswami, J. Heard Mr. Jada Sravan Kumar, learned counsel for the petitioner, learned Govt. Pleader for Municipal Administration & Urban Development for respondents 1 & 2, learned Govt. Pleader for Revenue for respondents 3, 5 & 7, learned Govt. Pleader for Panchayat Raj & Rural Development for respondent No.4 and Mr. K. Suresh Kumar Reddy, learned Standing Counsel for respondents 6 & 8. 2. The case of the petitioner in this present Writ Petition (Public Interest Litigation) is that respondent No.8 had established a Grama Sachivalayam in a Scheduled Caste community hall which was reserved for Scheduled Caste people to facilitate solemnisation of marriages and social gatherings. The said community hall was constructed in the February 2019 and was being utilised for the purpose for which it was constructed. However, it is alleged that Government authorities have occupied the community hall without any notice and the Grama Sachivalayam started functioning from there. Though the petitioner had ventilated his grievance, as no action was taken, accordingly, this Writ Petition came to be filed. 3. Respondent No.8 – Commissioner, Municipal Corporation, SPSR Nellore, has filed a counter-affidavit, in which it is stated that community hall was constructed for the use of public of Kapadipalem 51st Division, Nellore, by the Municipal Corporation, Nellore, with the funds of XIV Finance Commission at an estimated cost of Rs.40.00 lakhs and the building was inaugurated in February 2019. It is stated that the community hall was constructed to facilitate people belonging to Kapadipalem area to perform marriages and for conducting meetings and social gatherings; construction of the community hall was completed, but the building was never handed over to anyone; people belonging to Kapadipalem area were permitted to perform marriages and to hold meetings and other social gatherings. It is further stated that as suitable Government / Urban Local Body building was not available for establishing Ward Secretariat, the building came to be occupied. 4. The fact that the community hall was constructed for enabling the people belonging to Kapadipalem area to perform marriages and for holding meetings and social gatherings is admitted by respondent No.8. If the purpose of the community hall was for the aforesaid reason, it defies comprehension as to how and under what authority respondent No.8 could set up the Ward Secretariat in the said community hall. The authorities cannot act on their own whims and caprices. If the purpose of the community hall was for the aforesaid reason, it defies comprehension as to how and under what authority respondent No.8 could set up the Ward Secretariat in the said community hall. The authorities cannot act on their own whims and caprices. The ground that there was no other suitable place to locate a Ward Secretariat and therefore, they had to occupy the building constructed for some other purpose, cannot commend for judicial acceptance. 5. At this stage, Mr. K. Suresh Kumar Reddy, learned Standing Counsel for respondent No.8, submits that four weeks’ time may be granted to vacate the community hall and to shift the Ward Secretariat from the said community hall. 6. Considering the matter in its entirety, we direct the respondents to shift the Ward Secretariat from the community hall in question, within a period of four weeks time from today. We reserve liberty to the petitioner to approach this Court again, if the said community hall is not vacated by the respondents. 7. The Writ Petition (Public Interest Litigation) is accordingly disposed of. No order as to costs. Pending miscellaneous applications, if any, shall stand closed.