Extracted from the PDF above. The PDF is authoritative.
1 NV,J W.P.No.12243 of 2020
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO. 12243 OF 2020
ORDER:
1. This writ petition is filed under Article 226 of the Constitution of India to declare the action of Respondent No.4 to 7 in constructing the buildings of village secretariat and rythu barosa of Ballayapalli Gram Panchayat at Kothapalle Village of Seetharamapuram Mandal instead of Balayapalli Village of Seetharamapuram Mandal of SPSR Nellore District as illegal, arbitrary and consequently direct the respondent authorities to construct the buildings of village secretariat and rytu barosa at Ballayapalli village of Seetharamapuram Mandal.
2.
Learned counsel for the petitioner submits that, the petitioner is a resident of Balayapalli village. Originally, Balayapalli Gram Panchayat of Seetharamapuram Mandal consisting of five villages namely Balayapalli, Ankireddypalli, Ranganaidupalle, Kothapalle and Pokalavaripalli. Pursuant to G.O.Ms.no.110 dated 19.07.2019, the respondents have proposed to establish village secretariats for carrying out the administration by clubbing the above five villages, as one cluster. While so, for the sake of convenience, the respondents have proposed to construct village secretariat at Kothapalli village. Then the villagers of Balayapalli gram panchayat and others made representation to the respondents for construction and establishment of village
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secretariat at Balayapalli village only. The respondents have neither considered the representation nor passed any order and proceeded for construction at Kothapalli village. Hence the writ petition. 3. Respondent No.5,
“Mandal Parishad Development Officer”, Seetharamapuram filed counter affidavit. Basing upon the counter affidavit, learned Standing Counsel would submit that, Kottapalle village is centrally located village to both gram panchayats and also habitations. Kottapalle village also comes under Balayapalle Survey No.257/3 of Balayapalle Village, situated near the main and road and it is very convenient to the general public of the village secretariat. Balayapalle gram panchayat has 5 habitations and all are comparatively situated close to Kottapalle than Balayapalle. The Tahsildar, Seetharamapapuram has enquired and identified the suitable land in Kottapalle village for construction of village secretariat, village health clinic and Raithu Bharosa Kendra. Further, there is no suitable government land available adjacent to the existing gram panchayat building at Balayapalle. Therefore, the Tahsildar proposed Kottapalle village for constructing village secretariat. The newly constructing village secretariat building is within the periphery of Balayapalle revenue village located at Kottapalle village, which is convenient to all the habitations in Balayapalle secretariat. 4. Considering the submissions made by both counsels, and in light of the clear and categorical admission by the respondents that Kottapalle village is centrally located with respect to both gram panchayats and that construction
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at Kottapalle has already been completed, the claim of the petitioner that the secretariat should be established at Ballayapalli village cannot be entertained. It is a settled position of law that the location of a Sachivalayam must be determined based on factors such as location, land suitability, and convenience to all habitations. Such decisions fall within the domain of the competent executive authorities.
Unless mala fides are clearly attributed, the Court cannot interfere with executive decisions made in the public interest. Accordingly, no further orders are required to be passed in this writ petition.. 5. Accordingly, writ petition is closed. No costs. 6. Consequently, Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed. _____________________________________ VENKATESWARLU NIMMAGADDA,J Date: 11.09.2025 SP
4 NV,J W.P.No.12243 of 2020
THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
WRIT PETITION NO: 12243 OF 2020
11.09.2025 W
SP