ORDER: This writ petition is filed to declare the action of the respondents in constructing the Grama Sachivalayam building under MGNREGS works in the premises of Venkata Krishnapuram Gram Panchayat, Pedakakani Mandal, Guntur District, contrary to the resolution of the Gram Panchayat, as illegal and arbitrary. 2. Heard Sri Korrapati Subba Rao, learned counsel for the petitioner, learned standing counsel for respondent Nos.7,10 and 11, and learned Government Pleader for Panchayat Raj appearing for respondent Nos.1, 2, 5, 6, 8, 9 and 12. 3. In brief, the case of the petitioner is that he was elected as Sarpanch of the 11th respondent-Grampanchayat in the month of March, 2021. Since the petitioner is the supporter of the opposition party, the local leaders of the party in power are not allowing him to discharge his functions as Sarpanch of the Grampanchayat. Before the general elections for local bodies for some period there is no elected body, but the Grampanchayat was administered by a Government nominee/Special Officer as an elected body. At the helm of his affairs, a resolution was passed on 11.10.2019 for construction of Grama Sachivalayam. Pursuant to the said resolution, the 3rd respondent accorded administrative sanction vide his proceedings dated 12.11.2019. However, the construction of Grama Sachivalayam was not commenced before the election of the petitioner as Sarpanch. On 24.09.2021 the 8th respondent issued a notice to the petitioner requesting him to commence the developmental works i.e., Village Secretariat building, Rytu Bharosa Center, YSR Health Center, Bulk Milk Collection Center and YSR Digital Library, which were granted in favour of the Grampanchayat under the Mahatma Gandhi National Rural Employment Guarantee Scheme (for short “MGNREG Scheme”). Pursuant to the said letter, the petitioner commenced the works in accordance with the administrative sanction. But, the local leaders of the party in power at the behest of local M.L.A. did not allow the petitioner to commence the works. Then, the Grampanchayat passed a resolution dated 12.10.2021 for construction of a community hall at the subject site and the same was intimated to the 6th respondent for taking steps. While matters stood thus, some unknown persons started construction of a building in the Grampanchayat premises without there being any permission and authority. Then, the Grampanchayat passed a resolution dated 12.10.2021 for construction of a community hall at the subject site and the same was intimated to the 6th respondent for taking steps. While matters stood thus, some unknown persons started construction of a building in the Grampanchayat premises without there being any permission and authority. Then, the petitioner submitted a complaint to the S.H.O., Pedakakani P.S. on 28.10.2021 and also a representation to all the official respondents on 11.11.2021 requesting to take appropriate action against the unauthorised persons who are carrying on the unauthorised construction at the Grampanchayat premises. Even after receipt of the representation of the petitioner, the official respondents did not stop the illegal construction. Having no other option, the petitioner preferred the present writ petition. 4. A counter affidavit is filed on behalf of respondent Nos.7, 10 and 11 wherein it is stated that the construction of Grama Sachivalayam has already been commenced in the month of October, 2021 and the construction reached the foundation level. At this stage, the work was stalled due to the complaint made by the petitioner. The construction of Grama Sachivalayam is in accordance with the MGNREG scheme as well as in pursuance of the resolutions dated 11.10.2019 and 20.11.2019 passed by the Grampanchayat and also as per the proceedings issued by the 8th respondent dated 09.01.2020 for commencement of the works. The 11th respondent has been executing the work. As such, the writ petition is devoid of merits and hence, the same is liable to be dismissed. 5. The 12th respondent filed a counter affidavit stating that the Grampanchayat passed a resolution dated 11.10.2019 for construction of Grama Sachivalayam building with the MGNREGS funds of Rs.35.00 lakhs within the jurisdiction of the 11th respondent-Grampanchayat premises. It is also stated that pursuant to the administrative sanction of the 3rd respondent dated 12.11.2019, the Grampanchayat passed resolution No.2 dated 20.11.2019 for approval and construction of Grama Sachivalayam at Grampanchayat office premises. Accordingly, the 8th respondent issued proceedings dated 09.01.2020 for commencement of the work. Pursuant thereto, the construction of Grama Sachivalayam was commenced during the tenure of the Special Officer and it was completed upto the basement level. For that purpose, an FTO dated 05.06.2021 for an amount of Rs.2,97,064/- was generated in favour of the Grampanchayat. Accordingly, the 8th respondent issued proceedings dated 09.01.2020 for commencement of the work. Pursuant thereto, the construction of Grama Sachivalayam was commenced during the tenure of the Special Officer and it was completed upto the basement level. For that purpose, an FTO dated 05.06.2021 for an amount of Rs.2,97,064/- was generated in favour of the Grampanchayat. The contention of the petitioner that the official respondents are allowing the third parties to make construction of the Grama Sachivalayam building, is not true and correct. As the construction of Grama Sachivalayam building is in compliance of the MGNREG scheme and the execution of the work is also in a mid-way, the same may be allowed to be completed. Thus, the writ petition is liable to be dismissed. 6. By an order dated 16.08.2022, after hearing both the learned counsels, this Court directed the respondent authorities to stop the construction of Grama Sachivalayam building at Venkata Krishnapuram village, Pedakakani Mandal, Guntur District, until further orders. 7. Learned counsel for the petitioner would contend that as per Section 16 of the MGNREG Act, 2005, the Gramasabha of the 11th respondent-Grampanchayat is the authority for sanction, approval and identification of the developmental works to be carried out through the Board of the Grampanchayat. Once the Law specifically indicates that a particular thing should be done in a particular manner, it cannot be done otherwise. Here, after the administrative sanction was accorded by the 3rd respondent vide his proceedings dated 12.11.2019, no Gramasabha of the 11th respondent was conducted for approval as well as for execution of the works under MGNREG Scheme. The learned counsel would further contend that the Gramasabha shall be conducted as per Section 6 of the A.P.Panchayat Raj Act, 1994 pursuant to the administrative sanction as accorded by the 3rd respondent dated 12.11.2019 and all the developmental works under MGNREG scheme shall be approved by the Gramasabha. Without conducting Gramasabha for commencement of the developmental works, the Special Officer of the 11th respondent-Grampanchayat passed a resolution dated 11.10.2019 approving the construction of Grama Sachivalayam, which is nothing but in violation of Section 16 of the MGNREG Act as well as Section 6 of the A.P.Panchayat Raj Act, 1994. The learned counsel would also contend that the Grampanchayat passed a resolution on 12.10.2021 for construction of a community hall at the subject site with the Grampanchayat funds. The learned counsel would also contend that the Grampanchayat passed a resolution on 12.10.2021 for construction of a community hall at the subject site with the Grampanchayat funds. While so, some unknown persons, without there being any authorisation or permission, started construction of a building at the place where the community hall was proposed to be constructed by the Grampanchayat. The learned counsel would further contend that even though a representation was submitted to all the official respondents, the unauthorised construction was not stopped. It is contended that the 1st respondent issued a memo dated 21.06.2012 making the Grampanchayats responsible directly for the execution of the works and it is ordered that funds shall be released based on value of work done to the grampanchayat’s account only. In view of the same, all the works under MGNREG scheme are to be executed through the Grampanchayat and the funds shall be transferred to the Grampanchayat’s account for the work done and the Grampanchayats shall follow the transparent system prescribed for material procurement in respect of cement and aggregates (metal). The said memo was issued in pursuance of compliance of Section 16 of the MGNREG Act. Therefore, the present construction, which is carrying on by third persons other than the Grampanchayat cannot be allowed, as it is contrary to the provisions of the MGNREG Act as well as the A.P.Panchayat Raj Act and also the memo of the 1st respondent dated 21.06.2012. The learned counsel therefore prays to allow the writ petition. 8. It is to be noted here that respondent No.1 outlined to strengthen village administration system by way of establishing village secretariat system for providing citizenry services at their doorsteps, for which, the 1st respondent issued G.O.Ms.No.110 dated 19.07.2019 whereunder Village Secretariat System was introduced. Pursuant to the same, it is proposed that there should be a Grama Sachivalayam for every Grampanchayat which is having population of more than 2000 and upto 4000. 9. Having regard to the contentions submitted by the learned counsel for the petitioner as well as the learned counsels for the respondents and after perusal of the material on record, it is apposite to refer to Section 16 of the MGNREG Act, 2005 and Section 6 of the A.P.Panchayat Raj Act, 1994 as under: “Section 16 of the MGNREG Act, 2005 – Responsibilities of the Grampanchayats. 1. 1. The Grampanchayat shall be responsible for identification of the projects in the Grampanchayat area to be taken up under a scheme as per the recommendations of the Gramsabha and the Ward sabhas and for executing and supervising such works. 2. A Grampanchayat may take up any project under a scheme within the area of the Grampanchayat as may be sanctioned by the Programme Officer. 3. Every Grampanchayat shall, after considering the recommendations of the Gramsabha and the Ward sabhas, prepare a development plan and maintain a shelf of possible works to be taken up under the scheme as and when demand for work arises. 4. The Grampanchayat shall forward its proposals for the development projects including the order of priority between different works to the Programme Officer for scrutiny and preliminary approval prior to the commencement of the year in which it is proposed to be executed.” Section 6 of the A.P.Panchayat Raj Act, 1994 – Gramasabha. 1. There shall come into existence a Gramsabha for every village on the date of publication of notification under Section 3. 2. A gramsabha shall consist of all persons whose names are included in the electoral roll for the Grampanchayat referred to in Section 4 and such persons shall be deemed to be the members of the Gramsabha. 3. The Gramsabha shall meet at least twice in every year on such date and at such place and time as may be prescribed to consider the following matters which shall be placed before it by the Grampanchayat, namely:- (i) Annual statement of accounts and audit report; (ii) Report on the administration of the preceding year; (iii) Programme of works for the year or any new programme not covered by the budget or the annual programme; (iv) Proposals for fresh taxation or for enhancement of existing taxes; (v) Selection of schemes, beneficiaries and locations; and (vi) Such other matter as may be prescribed. The Grampanchayat shall give due consideration to the suggestions, if any, of the Gramsabha. 4. The Gramsabha shall observe such rules of procedure at its meetings as may be prescribed. 5. Every meeting of the Gramsabha within 10 days from the date prescribed under sub-section (3) shall be convened and presided over by the Sarpanch or in his absence by the Upa-Sarpanch of the Grampanchayat.” 10. 4. The Gramsabha shall observe such rules of procedure at its meetings as may be prescribed. 5. Every meeting of the Gramsabha within 10 days from the date prescribed under sub-section (3) shall be convened and presided over by the Sarpanch or in his absence by the Upa-Sarpanch of the Grampanchayat.” 10. As seen from the material on record, it is clear that no Gramasabha was conducted for approval and commencement of the work under MGNREG scheme pursuant to the administrative sanction of the 3rd respondent, as contemplated under Section 6 of the A.P.Panchayat Raj Act. As per Section 16 of the MGNREG Act, 2005, the Gramasabha of the 11th respondent-Grampanchayat is the authority for sanction and identification of the developmental works to be carried out through the Board of the Grampanchayat. The Grampanchayat headed by the Special Officer passed a resolution dated 11.10.2019 for construction of Grama Sachivalayam and other works pursuant to the administrative sanction of the 3rd respondent. Further, the Grampanchayat also passed a resolution dated 12.10.2021 for construction of a community hall at the subject site with the Grampanchayat funds. In view of the above facts, the contention of the learned standing counsel for the respondents that the construction of Grama Sachivalayam has already commenced pursuant to the resolutions of the Grampanchayat as well as the work commencement order said to have been issued by the 3rd respondent vide proceedings dated 09.01.2020 and the work was completed upto basement level is contrary to their own proceedings dated 24.09.2021 wherein the 8th respondent specifically requested the petitioner to commence the construction of Grama Sachivalayam within a period of seven days, is tenable. The contention of the petitioner that the construction of Grama Sachivalayam building by unknown persons without there being any authorisation and permission at the premises of the Grampanchayat cannot be permitted, is also sustainable. The other contention of the learned counsel for the petitioner that the petitioner is ready to commence the work, if the respondent authorities allow such construction by the Grampanchayat without involvement of third persons, is to be considered. Further, under the guise of the resolutions of the Grampanchayat, the works under MGNREG scheme cannot be commenced and executed. Moreover, the Grampanchayat is only the recognised executive agency to carry out the works under the said scheme. 11. Further, under the guise of the resolutions of the Grampanchayat, the works under MGNREG scheme cannot be commenced and executed. Moreover, the Grampanchayat is only the recognised executive agency to carry out the works under the said scheme. 11. In view of the foregoing discussion, the construction of Grama Sachivalayam building cannot be allowed by any other persons except the Grampanchayat. Therefore, the respondent authorities are directed to conduct Gramasabha as per Section 6 of the A.P.Panchayat Raj Act, 1994 in compliance of Section 16 of the MGNREG Act and after approval of the works under the MGNREG scheme as envisaged under Section 16 of the MGNREG Act, 2005, the construction of Grama Sachivalayam building shall be commenced by the 11th respondent-Grampanchayat only. Till then, no construction of Grama Sachivalayam as well as other works under MGNREG scheme shall be commenced. 12. With the above direction, the Writ Petition is disposed of. No order as to costs. Consequently, miscellaneous applications, if any, pending shall stand closed.