::1:: APHC010246342020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE EIGHTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 16189/2020 Between: 1. R.SATYAM NARAYANA CHOWDARY,, S/O RAMAKRISHNA NAIDU, AGED 63 YEARS, R/O KEELAMBAKAM VILLAGE, CHAVARAMBAKAM POST, NINDRA MANDAL, CHITTOOR DISTRICT. 2. K.CHANDRASEKHAR,, S/O LATE JAYARAMA NAIDU, AGED 59 YEARS, CHAVARAMPAKAM VILLAGE AND POST, NINDRA MANDAL, CHITTOOR DISTRICT. 3. POLAVARAM CHIRAJEEVULU NAIDU,, S/O VENKATAPPA NAIDU, AGED 67 YEARS, CHAVARAMBAKAM VILLAGE AND POST, NINDRA MANDAL, CHITTOOR DISTRICT. ...PETITIONER(S) AND 1. STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, PVS ICON, TADEPALLI, GUNTUR ::2:: DISTRICT. 3. THE DISTRICT COLLECTOR, . CHITTOOR DISTRICT, CHITTOOR. 4. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT, CHITTOOR. 5. THE MANDAL PARISHAT DEVELOPMENT OFFICER, NINDRA MANDAL, CHITTOOR DISTRICT. 6. CHAVARAMBAKAM GRAMAPANCHAYAT, REP. BY THE SPECIAL OFFICER, CHAVARAMBAKAM, NINDRA 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 to issue an order or direction more particularly one in the nature of Writ of Mandamus declaring the Proceedings No.751/CPR and RD/S/2019, dated 30.12.2019 issued by the 2nd respondent herein in ordering shifting of the location of the Grama Sachivalayam (Village Secretariat) situated at Chavarambakam village to Melambakam village of Nindra Mandal, Chittoor District, contrary to G.O.Ms.No.110 PR and RD (MDL-I) Department, dated 19.07.2019, as highly arbitrary, illegal, null and void, against the norms of public policy and principles of natural justice apart from violative of Article 243(b), Article 243-A and Article 243-G under the Constitution of India and consequently to set aside the same in so far as shifting of Village Secretariat from Chavarambakam to Melambakam or to any other location and to pass Counsel for the Petitioner(S): 1. BALAJI MEDAMALLI Counsel for the Respondent(S): ::3:: 1. ADDL ADVOCATE GENERAL (AP) 2. GP FOR PANCHAYAT RAJ RURAL DEV 3. V VINOD K REDDY 4. V VINOD K REDDY (SC FOR ZP MPDO GP) ::4:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.16189 of 2020 This Court made the following ORDER: Heard learned counsel for the petitioners and learned Standing Counsel for Respondents and perused the material placed on record. 2. Learned counsel for the petitioners submits that the 6th Respondent – Gram Panchayat and three other Gram Panchayats i.e., Kacharavedu, Kelambakam and Melambakam were clubbed together as cluster for construction of Village Secretariat in terms of G.O.Ms.No.110, Panchayat Raj & Rural Development (MDL-I) Department, dated 19.07.2019. Later the respondents are took a decision and issued proceedings for construction of Village Secretariat in terms of G.O.Ms.No.110 at Chavarambakam Village which is a major village and has population of 1800 people. Later for the reasons best known to the respondents, proposed to change the construction of Village Secretariat in respect of Chavarambakam Village Secretariat and issued proceedings by the 2nd Respondent herein dated 30.12.2019 for construction of the same shifting from ::5:: Chavarambakam village to Melambakam Village in Nindra Mandal. He further submits that such a shifting in favour of Melambakam Village which is a small village consisting of below 600 population ignoring the major village and in deviation to the terms of the G.O.Ms.No.110 by issuing impugned proceedings dated 30.12.2019 is contrary to the G.O.Ms.No.110 and also principles of natural justice. Hence the Writ Petition. 3. After hearing at the admission stage of the writ petition, this Court was pleased to pass an interim order by granting stay of shifting of village secretariat from Chavarambakam Village to Melamabakam of Nindra Mandal. 4. Pending Writ Petition Respondent No.5 filed counter, wherein it is stated as under: “4. I submit that the Government intended to establish village secretariat to improve the self governance at the village level. In further thereto, the State of Andhra Pradesh issued G.O.Ms.No.110, dated 19.07.2019 within an object to provide various government services at the doors steps of the citizens and to provide services at village level. I respectfully submit that though Chavarambakam Village is having more population than Melambakam Village, there is no suitable land available in Chavarambakam Village to house the village secretariat. The Panchayat building existing in Chavarambakam Village is not suitable to run village secretariat in as much as it cannot accommodate the staff of village secretariat. Further, there is no suitable vacant land available in Chavarambakam Village. In those circumstances representations were made by the Villagers of Chavarambakam, Kacharavedu, Melambakam, Kelambakam to establish village secretariat in Melambakam Village. The said representations were taken into consideration by the respondents and proposals were sent in that regard. ::6:: 5. I respectfully submit that Melambakam Village is abutting to main road of Palamangalam to Nagari and there is a vacant government land to an extent of Ac.2.50 cents available in Sy.No.73 of Melambakam Village and the said land identified for construction of village secretariat. As already stated though, Chavarambakam Village is more populated than Melambakam, since no suitable land is available in Chavarambakam Village, the proposals were sent to shift the village secretariat from Chavarambakam to Melambakam. Further, Melambakam Village is also famous for Sri Krishna and Sri Vinayaka Temple and the said village is also having 25’ of Sri Anjaneya Swamy Statue. I further submit that Melambakam Village is also convenient for all other villagers to approach the Village Secretariat and taken into all the feasibilities and convenience of the residence of other hamlets, the proposals sent by the respondents was accepted by the 2nd respondent and accordingly issued proceedings dated 30.12.2019.” 5. Respondent No.2 also filed counter, wherein it is stated as under: “7. I further submit that, proposals were received from the Chief Eecutive Officer, Zilla Praja Parishad, Chittoor District, dated 21.11.2019 for changing the location of Village Secretariat Building from Chavarambakam Village to Melambakam of Nindra Mandal, Chittoor District taking into consideration the public convenience, proximity of the location with the habitants of the villages. Further, Chavarambakam Village is interiorly located to all the habitations and it is very difficult for all the residents of Grama Panchayat to approach. Further, Melambakam Village is centrally located and having Government land to an extent of Ac.2.45 cents in Survey No.73 and also convenient to general public and in fact the said village is located on road point. 8. I further submit that, Government have examined the matter and vide Memo No.PRR01-PROPMIS/376/2021-MDL-1, dated 26.12.2019 has accorded permission to the Commissioner for change of location of (149) Village Secretariats and Re- organization of (62) Village Secretariat wherein permission for Shifting the Location of Vilalge Secretariat Building from Chavarambakam Village to Melambakam of Nindra Mandal, Chittoor District was also accorded. Accordingly, the 2nd respondent has issued proceedings No.751/CPR&RD/S/2019, ::7:: dated 30.12.2019 including location change of Chavarambakam Village to Melambakam Villagein Nindra Mandal. 10. I further submit that in Writ Appal Nos.55 and 99 of 2021, the Hon’ble High Court has issued directions as follows: “On a perusal of Clauses 10 and 11 of the G.O.Ms.No.110, dated 19.07.2019, we find ourselves in agreement with the findings and observations of the learned single Judge except that such a decision cannot be elevated to the status of policy decision, as held by the learned single Judge. The issue regarding location of a village secretariat is essentially an administrative matter and a decision in that regard has to be taken by the executive. There is no express stipulation that if a Gra Panchayat has more than 4,000 population and the second village secretariat has to provide services to one or more Gram Panchayats, necessarily such second village secretariat would have to be located in the HCJ & NJS, J W.A.Nos.55 & 99 of 2021 11 same Gram Panchayat having more than 4,000 population. Though initially a decision was taken to set up Devagudi-II village secretariat in Devagudi Gram Panchayat, such decision can be altered for good and sufficient reasons to relocate the said village secretariat in another Gram Panchayat. As noted earlier, the two Gram Panchayats are separated by a distance of only 600 metres and the construction of Devagudi-II village secretariat building in P. Sugamanchipalle Gram Panchayat had also been completed and the said village secretariat is functioning therefrom.” 6. In view of the facts and circumstances of the case as stated above and after perusal of the material placed on record as well as interim direction of this Ho’ble Court, till date no Village Secretariat has been constructed either in Chavarambakam Village or in Melambakam Village of Nindra Mandal. As of now, the Village ::8:: Secretariat is functioning from the office of Mandal Prajaparishad, Nindra. 7. Considering the submissions of both the learned Counsel, this Court is of the considered view that this Writ Petition can be disposed of directing the Respondent Nos.2 to 5 to consider the claim of the petitioners in respect of population if the respondents intend to establish the Village Secretariat in Chavarambakam Village as per the terms of the G.O.Ms.No.110 and also Rules made in G.O.Ms.No.226 of Panchayat Raj for establishment of Village Secretariat office at Chavarambakam Village. Respondents are further directed to consider the request of the petitioners herein for providing suitable land for construction of the Village Secretariat at Chavarambakam and after considering the same pass appropriate speaking orders as expeditiously as possible. No costs. 8. With the above directions, the Writ Petition is disposed of. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J Dt: 18.09.2025 krk ::9:: HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA W.P.No.16189 of 2020 DT: 18.09.2025 krk 99