THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.16541 OF 2020 ORDER:- 1. The case of the petitioners is that, the petitioners are the permanent residents of Kanakadripuram village, Yarrampeta Gram Panchayat, West Godavari District. The first respondent issued G.O.Ms.No.585 Panchayat Raj & Rural Development (E&R) Department dated 05.03.2020 constituting Kuntalagudem village as new Gram Panchayat duly bifurcating from Yerrampeta Gram Panchayat. The said G.O was challenged in the present writ petition. 2. Learned counsel for the petitioners submit that, G.O.Ms.No.585 was issued without following the rules in Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007 and without conducting grama sabha, as such, the respondents have bifurcated as Yerrampeta Gram Panchayat and newly constituted Kuntalagudem village as new Gram Panchayat and requested to set-aside G.O.Ms.No.585 Panchayat Raj & Rural Development (E&R) Department dated 05.03.2020, due to violation of statutory Rules, 2007. 3. Learned Standing Counsel for Respondent No.5 filed counter affidavit stating that the Yerrampeta Gram Panchayat had conducted Gram Sabha on 20.02.2019, wherein a resolution was passed uninimously for bifurcation of gram panchayat in two gram panchayats as 2 NV,J W.P.No.16541 of 2020 Yerrampeta and Kuntalagudem. On 28.01.2020, the Gram Panchayat passed a resolution for forming the new gram panchayat. Further, the Gram panchayat has passed another resolution dated 02.03.2020 expressing no objection for establishment of Kunthalagudem Gram Panchayat. After considering the same, the 1st respondent has issued the impugned G.O constituting a new Kunthalagudem Gram Panchayat by duly bifurcating yerrampeta. Further, elections were held in the year 2021 for both the gram panchayats and both the gram panchayat’s elected committees has been functioning. Learned Standing Counsel further pointed out that the writ petitioner has not impleaded the new gram panchayat i.e. Kuntalagudem Gram Panchayat as party respondent for further adjudication of the dispute, as such, the writ petition itself is liable to be dismissed for non-joinder of the parties, since the writ petition is filed after bifurcation. 4. Heard learned counsel for the petitioner, learned Standing Counsel for Gram Panchayat and perused the material available on record. 5. On perusal of G.O.Ms.No.585 Panchayat Raj & Rural Development (E&R) Department dated 05.03.2020, it appears that, In exercise of the powers conferred under sub-section (1) of Section 3 read with clauses (a) and (f) of sub-section (2) of Section 3 of the Andhra Pradesh Panchayat Raj Act, 1994 (Andhra Pradesh Act 13 of 1994) and 3 NV,J W.P.No.16541 of 2020 in relaxation of the criteria fixed in rule 6 of the Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007 issued in G.O.Ms.No.542, Panchayat Raj & Rural Development (Pts.IV) Department, Dated.03.12.2007, the Government of Andhra Pradesh issued the notification in which the Kuntalagudem Village in West Godavari District was declared as gram panchayat in order to bifurcate the said village from Yerrampeta Gram Panchayat of Koyylagudem Mandal, and constituted the area Kuntalagudem as new Gram Panchayat, in West Godavari District. Furthermore, elections for both Gram Panchayats were already conducted in the year 2021, and both Panchayat Committees are presently functioning. Additionally, there is no legal challenge with respect to the newly constituted Gram Panchayat, as it has not been impleaded as a party respondent. Therefore, the constitution and functioning of the new Gram Panchayat is not under challenge, as such, the writ petition is not maintainable. 6. Accordingly, writ petition is dismissed. No costs. 7. Consequently, miscellaneous applications pending if any, shall stand dismissed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA Date: 18.09.2025 SP 4 NV,J W.P.No.16541 of 2020 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO.16541 OF 2020 Date: 18.09.2025 W SP