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2022 DIGILAW 1433 (AP)

Mannam Sreenivas v. State of Andhra Pradesh

2022-12-07

D.RAMESH

body2022
ORDER : This petition is filed under Article 226 of the Constitution of India, aggrieved by the action of the respondents in not taking action on the representation dated 25.06.2021 and proceeding with the construction of the YSR Village Clinic, Gram Sachivalayam and Raithu Bharosa Kendram in some places far from access and convenience to people and against the unanimous resolution of the Gram Panchayat in Karumanchi Village, Tangutur Mandal, Prakasam District as illegal, arbitrary, against the principles of natural justice and the provisions of the Panchayat Raj Act, 1994; consequently, direct the respondents to construct the YSR Village Clinic, Grama Sachivalayam and Raithu Bharosa Kendram in the land belonging to Karumanchi Gram Panchayat in Sy. No. 127, adjacent to Ambedkar Kreeda Pranganam, Karumanchi, Tangutur Mandal, Prakasam District as per the resolution of the Karumanchi Gram Panchayat. 2. The 1st petitioner is the Sarpanch (President) of the Karumanchi Village Panchayat, Tangutur Mandal, Prakasam District and the remaining are the ward members of the Panchayat. There are 12 wards in Panchayat, out of which, 10 ward members and the Sarpanch are the petitioners in this writ petition. 3. The case of the petitioners, in brief, is that the petitioners are elected as people representatives as per the mandate of the Panchayat Raj Act in the recent elections. After the elections, they came to know that through a minutes of meeting dated 30.07.2020, the Special Officer has passed a resolution for construction of different public utility buildings in Karumanchi Village viz., Raithu Bharosa Kendram at Sy. No. 127 admeasuring about Ac.0.15 cents; construction of Primary Health Center at Sy. No. 141 admeasuring about Ac.0.12 cents; construction of Grama Sachivalayam at Sy. No. 150/2A2 admeasuring about Ac.0.25 cents. 4. On coming to know about the minutes of meeting of the Special Officer, the petitioners being elected body and general public of the Gram Panchayat have come together and come to a common opinion that the buildings proposed to construct at various places, are not convenient for the people for accessing. Hence, the Gram Panchayat in its meeting held on 23.04.2021 has resolved unanimously that the Grama Sachivalayam and Raithu Bharosa Kendram be constructed in Sy. No. 127, adjacent to Ambedkar Kreeda Pranganam. Hence, the Gram Panchayat in its meeting held on 23.04.2021 has resolved unanimously that the Grama Sachivalayam and Raithu Bharosa Kendram be constructed in Sy. No. 127, adjacent to Ambedkar Kreeda Pranganam. Accordingly, the same has been intimated to the Tahsildar, Tangutur through a letter by the Secretary of Karumanchi Village Panchayat on 14.06.2021 and also sent copies to the Mandal Parishad Development Officer, Tangutur and Assistant Engineer Panchayat Raj Department. As there was no action by the authorities, the Sarpanch and Secretary of the Karumanchi Village made representation dated 25.06.2021 to District Collector and personally handed it over to his office and requested to personally look into the matter. 5. Instead of considering the representation made by the petitioners, the Engineering Department of the Panchayat Raj has started marking the sites as per the minutes of the Special Officer dated 30.07.2020, which is contrary to the resolution dated 23.04.2021 passed by the present body of the Gram Panchayat. Despite their request, the authorities are proceeding with the same. Hence, the present writ petition. 6. After receipt of notice, the 1st respondent has filed counter. As per the averments made in the counter, the Gram Panchayat Body has passed a resolution dated 30-07-2020 under the aegis of the Special Officer for the construction of Grama Sachivalayam, Health Center, Rythu Bharosa Kendram and Bulk Milk Cooling unit at Karumanchi Grama Panchayat of Tangutur Mandal in Prakasam District. The resolution dated 30-07-2020 was passed to construct the Gram Sachivalyam at Sy.No.150-2A2, the Health Center at Sy.no.141, the Rythu Bharosa Kendram at Sy.No.127 and the Bulk Milk Cooling Unit also at Sy.No.127. This resolution has been forwarded to the Tahsildar, Tanguturu for his approval and permission to build in the above sites. The work has been sanctioned for Rs.79.30 Lakhs for all the above stated buildings under Mahatma Gandhi National Rural Employment Guarantee Act, 2005 [for short MGNREGS] Grant vide Proceedings Rc. No.T3/NREGS/2020, Dated: 30.06.2020 and technically sanctioned by the Superintending Engineer, Panchayat Raj, Circle, Ongole vide CR.No.1153/2020-21 Dated: 04.07.2020. 7. Further it is denied that the locations of the sites for construction of the above stated buildings are far from the village, inconvenient to the people and no work has been started at the construction sites. No.T3/NREGS/2020, Dated: 30.06.2020 and technically sanctioned by the Superintending Engineer, Panchayat Raj, Circle, Ongole vide CR.No.1153/2020-21 Dated: 04.07.2020. 7. Further it is denied that the locations of the sites for construction of the above stated buildings are far from the village, inconvenient to the people and no work has been started at the construction sites. It is submitted that all the locations of the ongoing constructions are well within the village limits and are easily accessible for the residents of the village; construction work had started in the month of August 2020, after initiation of the work by Karumanchi Grama Panchayat, the Engineering Department had issued cement through MGNREGS portal for the construction works of Grama Sachivalayam, vide FTO No's 8080420001917 dated 01-08-2020, 8080420005850 dated 09-12-2020, 8080420005852 dated 09-12-2020, Rythu Bharosa Kendram vide FTO Nos.8080420005854 dated 09-12-2020, 8080420005856 dated 09-12-2020 and Health Center vide FTO No's 8080420H00270 dated 09-12-2020 which shows the work did commence in August 2020 itself. 8. It is submitted that in the month of April, 2021 a new Gram Panchayat body is elected and they decided on their own that the current locations for construction of the above stated buildings are not conveniently located and passed a resolution on 23-04-2021 to construct the said buildings at Sy. No.127. It is pertinent to note that the said resolution was arrived unilaterally by the Gram Panchayat without due consultation with the Gram Sabha and not duly certified by the competent authorities. 9. Further it is submitted that the resolution dated 23-04-2021 has not superseded, cancelled or annulled the earlier resolution dated 30-07-2020, wherein it was resolved to change the locations and as such the resolution dated 23-04-2021 is illegal and arbitrary. Section 6 of AP Panchayat Raj Act, 1994 deals with Gram Sabha. Under Section 6(3) (v) the Gram Sabha is entrusted with the power to identify the locations for construction of buildings. For the sake of convenience, Section 6 of the A.P. Panchayat Raj Act, 1994 extracted as under: "6. Gram Sabha: (1) There shall come into existence a Gram Sabha for every village on the date of publication of notification under section 3. (2) A Gram Sabha shall consist of all persons whose names are included in the electoral roll for the Gram Panchayat referred to in section 4 and such persons shall be deemed to be the members of the Gram Sabha. (2) A Gram Sabha shall consist of all persons whose names are included in the electoral roll for the Gram Panchayat referred to in section 4 and such persons shall be deemed to be the members of the Gram Sabha. (3) The Gram Sabha 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 Gram Panchayat, 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 Gram Panchayat shall give due consideration to the suggestions, if any, of the Gram Sabha. (4) The Gram Sabha shall observe such rules of procedure at its meetings as may be prescribed. [(5) Every meeting of the Gram Sabha 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 UpaSarpanch of the Gram Panchayat.]" 10. Further, Section 246 of AP Panchayat Raj Act, 1994 deals with the cancellation of resolutions of Gram Panchayats and the same reads as follows: "246. Power to cancel or suspend resolution of a Gram Panchayat, Mandal Parishad or Zilla Parishad: (1) The Government may either suo moto or on a reference made to them by the Executive Officer or Mandal Parishad Development Officer or as the case may be, the Chief Executive Officer, in the manner prescribed by order in writing cancel any resolution passed by a Gram Panchayat, Mandal Parishad or a Zilla Parishad or any standing Committee of a Zilla Parishad if in their opinion such resolution, (a) is not legally passed, or (b) is in excess or abuse of the powers conferred by or under this Act, or any other law; or (c) on its execution is likely to cause danger to human life, health or safety or is likely to lead to a riot or affray. (2) The Government shall, before taking action under subsection (1), give the Gram Panchayat, Mandal Parishad or the Zilla Parishad as the case may be, an opportunity for explanation. (3) If in the opinion of the District Collector, immediate action is necessary to suspend a resolution on any of the grounds referred to in clause (c) of sub-section (1), he may make a report to the Government and the Government may, by order in writing, suspend the resolution." 11. In view of the above provision, the resolution dated 23-04-2021 is not passed at a meeting specifically convened in that behalf and is not supported by a resolution of the Gram Panchayat with the support of not less than one half of the total strength of members. The resolution, dated 23-04-2021 discloses no intent, which either expressly or impliedly cancels or supersedes the earlier resolution dated 30-07-2020. Without the mandatory approval of the Gram Sabha supported by not less than one half of the total strength of members, the change of locations effected in resolution dt.23-4-2021 is not valid in the eye of law; hence deserves no consideration. Therefore, prayed to dismiss the writ petition. 12. With the above pleadings, Sri Ravi Teja Padiri, learned counsel for the petitioners submitted that the resolution dated 30.07.2020 passed by the Special Officer is not in accordance with the provisions of the Act. He unilaterally has placed the proposal and passed the resolution without having any support of Grama Sabha; before passing the said resolution the Special Officer has not placed the proposals before the Grama Sabha. Hence, as per Section 6 of the Act, the proposals made by the Special Officer have no relevance. 13. Learned counsel further submitted that after election to the local body of the Gram Panchayat, the majority members i.e., out of 12, 10 ward members and the president have passed the resolution based on the request made by the people of that locality on 23.04.2021. He further contended that the resolution passed by the elected body is based on the request made by the local public, which was also supported by the Grama Sabha; hence, the majority of the members of the Gram Panchayat has passed the resolution to construct various utility buildings at one place i.e., at Sy.No.127 southern side of Dr. Ambedkar Play ground. 14. Ambedkar Play ground. 14. Learned counsel further submitted that the Panchayati Raj Rural Development and Relief Department Rules dated 13.04.1995, are relating to the proceedings of Grama Panchayats and their committees, Annexure (1) deals with Grama Panchayat shall provide a building for location of its office by constructing one by itself or by taking one on rent or free of rent and its office shall be located therein; the Annexure (2), clearly says that it shall be as far as possible in the Centre of the main village and a place acceptable to all the members of the Gram Panchayat and to all the castes and communities. Even according to the clause (2), it clearly discloses that for the purpose of convenience of the public it should be established in the centre of the main village. But as per the minutes of meeting of the Special Officer, they proposed to construct the buildings at different locations, which are far away from the village. 15. Learned counsel further submitted that the amount which was granted under MGNREGS grant should not be spent without having support of the Gram Sabha. But in the instant case, no such Gram Sabha was conducted before passing the resolution by the special officer on 30.07.2020. Whereas the resolution held on 23.04.2021 is with full majority and the same was consented by the authority concerned; according to the provisions of the A.P. Panchayat Raj Act the Collector is the competent authority and they have brought to the notice of the collector by way of representation requesting to implement the resolution passed by the Gram Panchayat on 23.04.2021. 16. On the other hand, learned Government Pleader appearing on behalf of the respondents contended that the writ petition itself is not maintainable. As per Section 246 of the Act, the Government alone has the power to cancel or suspend the resolution of the Gram Panchayat or Mandal Praja Parishad. But in the instant case, the resolution passed by the Grama Panchayat through Special Officer dated 30.07.2020 neither cancelled nor suspended. Hence, without cancelling the earlier resolution passed by the competent person, present resolution has no relevance and it cannot be acted upon. Even as per the averments made in the counter, the work order has been placed and material was also supplied. Therefore, it is construed that the construction activities have been started by spending huge amounts. Hence, without cancelling the earlier resolution passed by the competent person, present resolution has no relevance and it cannot be acted upon. Even as per the averments made in the counter, the work order has been placed and material was also supplied. Therefore, it is construed that the construction activities have been started by spending huge amounts. Hence, at this stage, there is no necessity to cancel the sanctioned buildings and to reallocate all at one place as per resolution dated 23.04.2021. 17. Learned Government Pleader further submitted that there is no legal sanctity for the second resolution passed by the petitioners; as such the question of implementation of the second resolution does not rise. Hence, requested to dismiss the writ petition. 18. Replying to the above contentions, learned counsel appearing on behalf of the petitioners submitted that the very basic question in this case is that while spending the MGNREGS funds for construction of the Grama Sachivalayam or any public utility building, there should be support of Grama Sabha resolution. But in the instant case, in the meeting held by the Special Officer on 30.07.2020 while passing the resolution, there is no such reference with regard to the conducting of Grama Sabha and further no Grama Sabha resolution is placed by the respondents along with their counter. As per Section 6 of the Act, it is mandatory condition to conduct Grama Sabha. The petitioners conducted Grama Sabha meeting on 01.07.2021 for dissolution of earlier resolution order dated 30.07.2020 and passed the resolution to construct the utility buildings in one place for the benefit of the public at large. As per decision of the majority members, they have conducted Grama Sabha and passed resolution in the meeting conducted on 23.04.2021. In the instant case, majority of the persons have agreed the resolution in the Grama Sabha dated 23.04.2021. 19. Further learned counsel for the petitioner replied that even according to Section 246 of the Act, the District Collector is the competent authority to take any action as per the resolution. Accordingly the petitioners have brought to the notice of the District Collector by way of representations dated 26.06.2021 and 27.06.2021. But the authorities have started marking the sites as per the previous resolution of Special Officers report and against the resolution of the Gram Panchayat. 20. Accordingly the petitioners have brought to the notice of the District Collector by way of representations dated 26.06.2021 and 27.06.2021. But the authorities have started marking the sites as per the previous resolution of Special Officers report and against the resolution of the Gram Panchayat. 20. Considering the submissions made by both the counsel and on perusal of the record filed along with the writ petition, the whole controversy is with regard to the construction of the public utility buildings in the Grama Panchayat. On perusal of the record, it is no doubt that earlier resolution of the Special Officer clearly indicates that no public opinion is sought, before placing the said proposals in the Grama Panchayat and according to the said resolution he has proposed the buildings in different places. After elections to the local bodies, the petitioners being Sarpanch as well as the majority of the members of the Grama Panchayat, have considered the opinion of the public and passed resolution to construct all the building at one place i.e., centrally located in Sy.No.127 of Karumanchi Gram Panchayat, southern side of Ambedkar Kreeda Pranganam. Even this resolution was also approved by the Grama Sabha. In the circumstances, the very purpose of construction of the Grama Panchayat building and other utility buildings by using public funds, is for the sake of convenience of the general public. The same was brought to the notice of the District Collector by way of representations made by the petitioners, for implementation of the resolution passed by the petitioners on 23.04.2021. 21. Therefore, considering the resolution dated 23.04.2021 as well as the Grama Sabha resolution dated 01.07.2021, this court feels it appropriate that the authorities should construct the buildings at the whims and convenience of the public and not at the whims and fancies of the authorities. Hence, there shall be direction to the respondents to consider the resolution passed by the petitioners on 23.04.2021 and to proceed with the construction of subject buildings as per the above said resolution. 22. Accordingly, the Writ Petition is disposed of. No costs. As a sequel, miscellaneous applications pending, if any, shall also stand closed.