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2023 DIGILAW 1379 (AP)

Ch. Gopal v. State of Andhra Pradesh

2023-10-10

G.RAMAKRISHNA PRASAD

body2023
JUDGMENT 1. Heard Sri P. Ravikanth, Learned Counsel appearing on behalf of Sri Venkat Challa, Learned Counsel for the Writ Petitioners and Sri D.M. Vidya Sagar, Learned Assistant Government Pleader for Panchayat Raj and Rural Development and Sri Y. Subba Rao, Learned Assistant Government Pleader for Revenue appearing for Respondent Nos.1, 2 and 4 and Ms. M. Rose, Learned Counsel appearing for the Gram Panchayat (Respondent No.5). 2. The prayer made in the present Writ Petition is as under: "It is prayed that this Hon'ble Court may be pleased to issue a writ, order or direction more particularly one in nature of Writ of Mandamus, declaring the action of the respondents in making construction of houses in the site admeasuring 355 sq. yards, in Sy.No.158 within the boundaries on NORTH: Rasta; SOUTH: Golla Veedhi EAST: Rasta and WEST: Rasta situated at Penta Srirama Puram Village, Gantyada Mandal, Vizianagaram District by demolishing the Community Health Centre, which is allocated for the same is wholly illegal, without jurisdiction, colourable exercise of power and for a consequential order directing the respondents not to proceed with the construction of houses in the site admeasuring 355 sq. yards, in Sy.No.158 within the boundaries on NORTH: Rasta; SOUTH: Golla Veedhi EAST: Rasta and WEST: Rasta situated at Penta Srirama Puram Village, Gantyada Mandal, Vizianagaram District by directing the authorities to construct a community health centre which was in existence till recently and pass such other order or orders may deem fit and proper in the circumstances of the case." 3. The Learned Counsel for the Writ Petitioners has taken this Court through the various documents. The Counter Affidavits filed by Respondent Nos.4 and 5 are on record. 4. The case as projected by the Writ Petitioners is that land admeasuring 355 sq. yards situated in Sy.No.158 at, Penta Srirama Puram Village, Gantyada Mandal, Vizianagaram District, was utilized by the Gram Panchayat by constructing a Community Health Centre. It is the case of the Writ Petitioner that the Community Health Centre has been shifted to a different place due to the fact that the building situated in Sy.No.158 became dilapidated. While so, the Gram Panchayat has passed Resolution No.8, dtd. 31/10/2016 to the effect that the land of an extent of 355 sq. yards shall be utilized for construction of houses under Group Housing Scheme for about 24 beneficiaries. While so, the Gram Panchayat has passed Resolution No.8, dtd. 31/10/2016 to the effect that the land of an extent of 355 sq. yards shall be utilized for construction of houses under Group Housing Scheme for about 24 beneficiaries. The present Writ Petitioners approached this Court challenging the decision taken by the Gram Panchayat for utilizing the site for group housing with a further prayer to direct the Respondents to construct a Community Health Centre by demolishing the existing dilapidated structure. Learned Counsel for the Writ Petitioners would submit that this valuable land belonging to the Gram Panchayat is being encroached unauthorizedly by various encroachers. 5. This Court, by an Interim Order dtd. 28/11/2017 expressed prima facie opinion that the change in the use of land by Gram Panchayat is without jurisdiction and illegal. With this observation, this Court had directed the Respondent Nos.2 to 6, not to change the nature of the land or to undertake construction on the subject site. 6. The Respondent No.4 namely the Tahsildar has filed the Counter Affidavit dtd. 24/1/2018 and Respondent No.5 namely the Pentasrirampuram Gram Panchayat represented by the Panchayat Secretary, filed Counter Affidavit on 19/12/2017. The Counter Affidavit filed by Respondent No.4 has clearly indicated that the Medical Officer has addressed a Letter dtd. 16/3/2017, requesting the Tahsildar - Respondent No.4 to take civil and criminal action against the unauthorized encroachers of the Community Health Centre. The Respondent No.5 has stated in its Counter Affidavit that the Community Health Centre of the Village got merged with Primary Health Centre of Peddamajjipalem, about eight years back and that the villagers are attending to their health needs at Primary Health Centre, Peddamajjipalem and therefore, wanted to utilize the land in an extent of 350 sq. yards in Sy.No.158 for construction of about 24 houses under the Group Housing Scheme. 7. Learned Counsel for the Writ Petitioners would submit that the land belonging to the Panchayat shall be utilized only for community purposes but it cannot be utilized for construction of houses. Learned Counsel would submit that the intention of the Government for construction of houses under the Group Housing Scheme can be implemented by utilizing some other land and that the present land would be required for future purposes for building a Community Health Centre. Learned Counsel would submit that the intention of the Government for construction of houses under the Group Housing Scheme can be implemented by utilizing some other land and that the present land would be required for future purposes for building a Community Health Centre. Learned Counsel for the Writ Petitioners would submit that the health requirements of the villagers would only increase in the future and therefore, only on the ground that the Community Health Centre of Pentasrirampuram village got merged with Peddamajjipalem Primary Health Centre, cannot be a ground for utilization of this land for group housing. Learned Counsel would submit that the future health requirements and needs of the community of the village is paramount over and above Group Housing Scheme for limited number of villagers. 8. Having heard the Counsel on both sides, this Court is of the view that the nature of the land cannot be changed by Panchayat in an irrational manner. This Court is also of the view that the future health requirements of the village community would only increase and therefore, the land which is presently housing a dilapidated community health centre cannot be utilized in such a manner that the same cannot be reversed in the future. 9. With these observations, the Writ Petition stands allowed. The Respondent Nos.2 to 6 are directed not to change the nature of the land and shall be kept available to meet with the future health requirements in the village. The Respondent No.3 namely the District Medical and Health Officer, Vizianagaram, is given the liberty to approach the Government for allocation of resources for construction of Community Health Centre or the Primary Health Centre as the case may be. No order as to costs. 10. Interlocutory Applications, if any, stand closed in terms of this order.