APHC010196702020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] MONDAY,THE FIFTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12740/2020 Between: 1. Y DAMODAR REDDY, S/O. Y CHINNA REDDY, AGED ABOUT 40 YEARS, R/O. 9-107, BODIKINDAPALLE VILLAGE, THAMBALLAPALLE POST MANDAL, CHITTOOR DISTRICT 2. T PRABHAKAR REDDY, S/O. T RAMASWAMY REDDY AGED ABOUT 41 YEARS, R/O. 8105-1, MATTAVANDLAPALLE VILLAGE, THAMBALLAPALLE POST MANDAL, CHITTOOR DISTRICT. 3. G SIDDA REDDY, S/O. G GOPAL REDDY, AGED ABOUT 47 YEARS, R/O. 8-28, BALAKAVARIPALLE VILLAGE, THAMBALLAPALLE POST MANDAL, CHITTOOR DISTRICT. 4. P REDDY PRASAD,, S/O. P REDDEPPA, AGED ABOUT 28 YEARS, R/O. 1-106, PULASARAMAVARIPALLE VILLAGE, THAMBALLAPALLE POST MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLE, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, CHITTOOR, CHITTOOR DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR, CHITTOOR 2 DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, THAMBALLAPALLE MANDAL, CHITTOOR DISTRICT. 6. THE THAMBALLAPALLI GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, THAMBALLAPALLE VILLAGE AND MANDAL, CHITTOOR DISTRICT. 7. THE PARASATHOPU GRAMA PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, PARASATHOPU VILLAGE, THAMBALLAPALLE MANDAL, CHITTOOR DISTRICT. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased topleased to issue a writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the action of the 1st Respondent in issuing G.O. Ms. No. 15 Panchayat Raj and Rural Development ( E and R ) Department dated. 06.01.2020 for bifurcating Thamballapalli Gram Panchayat and Constituting Parasathopu Village as a new Gram Panchayat, Thamballapalli Mandal, Chittoor District without considering the objections submitted by the Petitioners dated 06.03.2020 to the official Respondents as illegal, arbitrary, unjust, ultravires of Articles 14, 21 of Constitution of India and also opposed to Andhra Pradesh Panchayat Raj Act, 1994 and the Andhra Pradesh Gram Panchayats ( Declaration of Villages ) Rules, 1994 and consequently set aside the G.O. Ms. No. 15 Panchayat Raj and Rural Development ( E and R ) Department dated. 06.01.2020 and pass IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to suspend the G.O. Ms. No. 15 Panchayat Raj & Rural Development ( E & R ) Department dated. 06.01.2020 issued by the 1st Respondent, Pending disposal of the above Writ Petition and pass Counsel for the Petitioner(S): 1. MD SALEEM Counsel for the Respondent(S): 3 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. T BALAJI 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 12740/2020 ORDER: Heard the learned counsel for the petitioners, learned Standing Counsel for respondent Nos.6 and 7 and the learned Government Pleader for the other respondents. 2. The claim of the petitioners herein is that the petitioners are the residents of Bodikindapalle Village, Mattavandlapalle Village, Balakavaripalle Village, Pulasaramavaripalle Village, which are hamlets of Thamballapalle Gram Panchayat. The 1st respondent issued G.O.Ms.No.15 dated 06.01.2020 for bifurcating Thambalapalle Gram Panchayat and by constituting Parasathopu Village as a new Gram panchayat, without considering the objections submitted by the petitioners herein dated 06.03.2020 and also contrary to Rule 4 of the Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007. Therefore, the proposed bifurcation of Gram Panchayat vide G.O.Ms.No.15 is contrary to the Rules, 2007 and are liable to be set aside. 3. On the other hand, learned Government Pleader filed a counter-affidavit on behalf of respondent No.4 which was adopted by respondent No.1 vide memo dated 07.02.2024. In the counter- affidavit, it is clearly and categorically stated that the District Collector, Chittoor had submitted proposals to the Government through the 5 Commissioner, PR&RD, A.P., Vijayawada vide Lr.Roc.No.2052/2019 C1 (Pts) dated 31.10.2019 for bifurcation of Thamballapalle Gram Panchayat into Thamballapalle and Parasathopu Gram Panchayats. After considering the proposals, the Commissioner, PR & RD, A.P., Vijayawada issued a show-cause notice dated 02.12.2019 to Thamballapalle Gram Panchayat duly calling for objections for the proposed bifurcation within ten days. The said matter was brought to the notice of the Gram Panchayat through the Special Officer concerned. Grama Sabha was convened at Thamballapalle Gram Panchayat on 18.12.2019. In the said Gram Sabha, the villagers have agreed for the proposed bifurcation of Thamballapalle Gram Panchayat into Thamballapalle and Parasathopu Gram Panchayats and passed a resolution dated 18.12.2019. The MPDO., Thamballapalli Mandal had submitted the resolution dated 18.12.2019 passed by the Gram Sabha with a request to take further action accordingly. Considering the Gram Sabha resolutions and proposals of the District Collector, Chittoor, the Government of Andhra Pradesh issued G.O.Ms.No.15 dated 06.01.2020 bifurcating Thamballapalle Gram Panchayat as Thamballapallle and Parasathopu Gram Panchayats. 4. Considering the submissions made by both the learned counsel and on perusal of the counter-affidavit, it is observed that Thamballapalle Gram Panchayat is a major Gram Panchayat 6 consisting 31 Villages. The respondents proposed for bifurcation of some of the villages and constituted Parasathopu Gram Panchayat. Further after bifurcation 24 Villages fell within the jurisdiction of new Parasathopu Gram Panchayat. It is further observed that the respondents issued a notice on 02.12.2019 for conducting Gram Sabha. Pursuant which, the Gram Sabha was conducted and resolution was passed on 18.12.2019. Pursuant to the resolution of Gram Sabha for constitution of new Gram Panchayat was approved and the same was forwarded by the MPDO with request to take further action. Considering the Gram Sabha resolution and proposals of the District Collector, respondent No.1 issued G.O.Ms.No.15 dated 06.01.2020 in compliance of Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007. Further, pending the Writ Petition, the new Gram Panchayat was constituted and has been functioning since five years. Therefore, there is no prima-facie case in favour of the petitioner to interfere in respect of G.O.Ms.No.15 dated 06.01.2020. 5. Accordingly, the Writ Petition is closed as infructuous. There shall be no order as to costs. As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 1155..0099..22002255 TTPPSS 7 93 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO:12740 of 2020 1155..0099..22002255 TTPPSS