Extracted from the PDF above. The PDF is authoritative.
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APHC010147552019
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6801/2019 Between:
1. YAKA SRINU,, S/O YAKA YERRA PATHRUDU, AGED ABOUT 36 YEARS, RESIDENT OF KOTHAPALEM, RACHAPALLE VILLAGE AND POST, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT-531113. 2. RANGOLA SHANKAR GIRI,, S/O APPALANAIDU, AGED ABOUT 40 YEARS, RESIDENT OF KOTHAPALEM, RACHAPALLE VILLAGE AND POST, MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT-531113. 3. YAKIREDDY ATCHIYYA NAIDU,, S/O RAMUNAIDU, AGED ABOUT 35 YEARS, RESIDENT OF KOTHAPALEM VILLAGE,
RACHAPALLE VILLAGE AND POST, MAKAVARAPALEM MANDAL,
VISAKHAPATNAM DISTRICT-531113. ...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT OF A.P., VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, OFFICE AT NH.16 SERVICE ROAD, TADEPALLI, ANDHRA PRADESH-522501. 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 4. THE DISTRICT PANCHAYAT OFFICER, VISAKHAPATNAM DISTRICT, VISAKHAPATNAM. 5. MAKAVARAPALEM GRAM PANCHAYAT, REPRESENTED BY ITS EXTENSION OFFICER, (PANCHAYAT RAJ AND RURAL DEVELOPMENT), MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 2
6. RACIAPALLI GRAM PANCHAYAT, REPRESENTED BY ITS EXTENSION OFFICER, (PANCHAYAT RAJ AND RURAL DEVELOPMENT), MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT. 7. TAMARAM GRAM PANCHAYAT, REPRESENTED BY EXTENSION OFFICER, (PANCHAYAT RAJ AND RURAL DEVELOPMENT), MAKAVARAPALEM MANDAL, VISAKHAPATNAM DISTRICT
...RESPONDENT(S):
3 This Court made the following ORDER:-
1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief:
“to issue a writ, order or direction more particularly one in the nature of Mandamus declaring the action of the respondents 2 to 4 in contemplating to merge Kothapalli (Rehabilitation and Resettlement Colony) of Rachapalli Grampanchayat with Tamaram Gram panchayat without issuing any notice, without convening Grama Sabha and without calling for objections from the villagers of Kothapalli (R AND R colony) and Rachapalli Gram Panchayat and without considering the petitioners representation dt 03.02.2018 is illegal, arbitrary and violative of Art 14 and 21 of Constitution of India and opposed to section 3 of A.P. Panchayat Raj Act, 1994 and A.P.Panchayat Raj (Declaration of villages) Rules, 1994...”
2. None represented for the petitioners, heard the learned Government Pleader for the Panchayat Raj and Rural Development appearing for the respondent Nos. 1 to 4. 3. The case of the petitioners is that respondent Nos.
2 to 4 are contemplating to merge Kothapalli (Rehabilitation and Resettlement Colony) of Rachapalli Gram Panchayat with Tamaram Gram Panchayat without issuing any notice, without convening a Grama Sabha, and without calling for objections from the villagers of
4 Kothapalli (Rehabilitation and Resettlement Colony) of Rachapalli Gram Panchayat. Hence, the present writ petition. 4. On the other hand, the learned Government Pleader for Panchayat Raj appearing for the respondent Nos. 1 to 4 furnished written instructions dated 28.08.2025 issued by the 4th respondent, wherein it is stated that:-
“In this regard, it is respectfully submitted that the Kothapalli Rehabilitation and Resettlement colony of Rachapalli Gram Panchayat has not been merged with Tamaram Gram Panchayat. The Kothapalli Rehabilitation and Resettlement colony continues to be within the jurisdiction of Rachapalli Gram Panchayat. Therefore, it is humbly submitted that the Kothapalli Rehabilitation and Resettlement colony continues to remain within Rachapalli Gram Panchayat and has not been merged with Tamarma Gram Panchayat. The above facts are placed before the Hon’ble Court for kind
consideration and necessary orders”.
5. Considering the
submissions made by the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos. 1 to 4, and in view of the written
5 instructions issued by the 4th respondent dated 28.08.2025, it is clearly and categorically stated that the proposed merger of Kothapalli (Rehabilitation and Resettlement Colony) of Rachapalli Gram Panchayat with Tamaram Gram Panchayat would not been taken place, and that Kothapalli Rehabilitation and Resettlement Colony continues to be within Rachapalli Gram Panchayat. Therefore, the claim of the petitioners has been redressed by the respondents.
6. In view of the claim of the petitioners being redressed by the respondents, no further orders are necessary in this writ petition. Accordingly, the writ petition is disposed of. No costs.
As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 29.08.2025 klk
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THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA
WRIT PETITION NO.6801 of 2019
29.08.2025 klk