Kommula Satyanarayana, v. The State of Andhra Pradesh,
WP/15830/2019 · 2025-09-22
Venkateswarlu Nimmagadda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 47575 (AP) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 47575 (AP) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.15830 OF 2019 ORDER:-
1. The writ petition is filed under Article 226 of the Constitution of India to declare the action of the 5th respondent in trying to establish gramasachivalayam of Pedapatnam Lanka Gram Panchayat in the elementary school tin shed of BokkavariPalem instead of already selected building of the elementary swwchool at Kommulavaripalem as illegal, arbitrary and consequently direct the respondents to establish gramasachivalayam of Pedapatnamlanka in the selected building of the elementary school of Kommulavaripalem of Pedapatnam Lanka. 2. On 18.08.2025, when the matter was taken up for hearing, it was represented that the learned counsel for the petitioners is no more. Hence, the Registry was directed to issue notices to the petitioners and the matter was directed to be listed on 23.09.2025. 3. Today, when the matter is taken up for hearing, it was submitted that, notices were issued to the petitioners on 22.08.2025, but the same were not yet returned, served. None appeared for the petitioners today. Since there is no representation on behalf of the petitioners, this Court
2 NV,J W.P.No.15830 of 2019 intends to proceed further based on the submissions and instructions submitted by the respondents. 4. The case of the petitioners, as per the writ affidavit is that, the 5th respondent is trying to establish II GramaSachivalayam of Pedapatnamlanka Gram Panchayat in the Elementary School Tin Shed of Bokkavanipalem instead of already selected building of the Elementary School of Kommulavaripalem, is illegal and arbitrary. Hence the writ petition. 5. During hearing, learned Standing Counsel for Respondent No.6 furnished written instructions issued by the Panchayat Secretary, Pedapatnam Gram Panchayat dated 18.08.2025, wherein it is stated that, pending writ petition, RCC building in respect of Sachivalayam-2 has been constructed in R.S.No.115-5 in Bokkavaripalem within the jurisdiction of Peddapatnamlanka Gram Panchayat. It is further submitted that, the total population under Sachivalayam-2 is 2200 (including S.C, B.C, O.C) and for the convenience of the public, Sachivalayam-2 has been constructed. The said RCC building is constructed in an extent of Ac.0-5 cents situated in R.S.No.115,
3 NV,J W.P.No.15830 of 2019 classified as Government Poramboke Land and based on the written instructions, requested to close the writ petition. 6.
Considering the submissions made by learned Standing Counsel for the 6th respondent and the written instructions submitted by the Panchayat Secretary of Peddapatnamlanka Gram Panchayat dated 18.08.2025, it is clear that, RCC building in respect of Sachivalayam-2 has been constructed in Government Poramboke Land, in an extent of Ac.0-5 cents situated in R.S.No.115 in Bokkavaripalem within in the jurisdiction of Peddapatnamlanka Gram Panchayat for the convenience of the public. Since the building is already constructed, the claim of the petitioners to establish II Grama Sachivalayam in the selected building of the elementary school of Kommulavaripalem village of Pedapatnamlanka Grampanchayat cannot be considered. 7. It is settled proposition of law that, no constructions shall be allowed to be made in the school premises other than the purpose of school. Similarly, the school premises or building cannot be allowed to make use for any other purpose. Hence, the claim of the petitioner that the Secretariat-II should be sheltered at school premises of Kommulavaripalem is contrary to law. Therefore, since the respondents
4 NV,J W.P.No.15830 of 2019 have constructed gramasachivalayam in government porabmoke land in an extent of Ac.0-5 cents situated in R.S.No.115 in Bokkavaripalem within in the jurisdiction of Peddapatnamlanka Gram Panchayat, no cause survives for further adjudication in this matter. 8. With the above direction, writ petition is disposed of. 9. Consequently, miscellaneous applications pending if any, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date:23.09.2025
SP
5 NV,J W.P.No.15830 of 2019
THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION No.15830 OF 2019
Date: 23.09.2025 W
SP