1 APHC010316642019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SECOND DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 15095/2019 & 4846/2020 WRIT PETITION No. 15095 of 2019 Between: 1. POTU NAGESWARA RAO,, S/O. KOLLAIAH, AGED ABOUT 48 YEARS, R/O.WARD NO.13 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 2. NALLA SANKARAIAH,, S/O. VENKATEWARLU, AGED ABOUT 45 YEARS, R/O. WARD NO.8 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 3. MALAPATI SYAMBABU,, S/O. RATNAM, AGED ABOUT 51 YEARS, R/O. WARD NO.4 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 4. LOTTAPALLI RAMANA,, S/O. BUCHAIAH, AGED ABOUT 48 YEARS, R/O. WARD NO.5 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 5. CHINTHAKAYALA PETHURU,, S/O. KOTAIAH, AGED ABOUT 40 YEARS, R/O. WARD NO.2, GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 6. CHINTAPALLI IMAMSA,, S/O. KASIM SHAH, AGED ABOUT 40 YEARS, R/O. WARD NO.16 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 7. NELLURI MALLAIAH,, S/O.YELLAIAH, AGED ABOUT 60 YEARS, R/O. WARD NO.9, GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 8. JALDI NAGENDRA BABU,, S/O. TATA RAO, AGED ABOUT 25 YEARS, R/O. WARD NO.4 GURAJALA VILLAGE AND MANDAL, GUNTUR 2 DISTRICT. 9. MAKKENA SRINIVASA RAO,, S/O. NAGESWARA RAO, AGED ABOUT 45 YEARS, R/O. WARD NO.18 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 10. POTU VENKATA RAO,, S/O. SOMAIAH, AGED ABOUT 42 YEARS, R/O. WARD NO.9 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 11. MACHERLA NAGESWARA RAO,, S/O. VENKATESWARLU, AGED ABOUT 35 YEARS, R/O. WARD NO.12 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 12. VEERLA RAMBABU,, S/O. NAGESWARA RAO, AGED ABOUT 35 YEARS, R/O. WARD NO.14 GURAJALA VILLAGE AND MANDAL, GUNTUR 13. NALLA KASAIAH,, S/O.CHENNAIAH, AGED ABOUT 35 YEARS, R/O. WARD NO.10 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 14. VEERLA NARASIMHA RAO,, S/O. NARAYANA, AGED ABOU-. 38 YEARS, R/O.WARD NO.12 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 15. NALLA NAGESWARA RAO,, S/O. SAIDULU, AGED ABOUT- 55 YEARS, R/O. WARD NO.10 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 16. MADARAJU SRINIVASA RAO,, S/O. KRISHNA MURTHY, AGED ABOUT 40 YEARS, R/O. WARD NO.12 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 17. THOTICHERLA PITCHAIAH,, S/0. SATTAIAH, AGED ABOUT 40 YEARS, R/O.WARD NO.1 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 18. KOYZ, SIVA NAGESWARA RAO,, S/O. YELAMANDA, AGED ABOUT 35 YEARS, R/O.WARD NO.8 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 19. NALLA LAKSHMAIAH,, S/O. PEDA RAMAIAH, AGED ABOUT 53 YEARS, R/O.WARD NO.12 GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 3 1. THE STATE OF AP, REP BY ITS PRL SECRETARY, MA ANDUD. SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI KRISHNA ENCLAVE, ANNAPURNA NAGAR, 5TH LINE, 4/7 GORANTLA, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, COLLECTORATE BUILDINGS, GUNTUR DISTRICT AT GUNTUR. 4. THE DISTRICT PANCHAYAT OFFICER, ZILLA PARISHAD OFFICE, GUNTUR. 5. THE GURAJALA GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY, GURAJALA VILLAGE AND MANDAL, GUNTUR DISTRICT. 6. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRL. SECRETARY, P.R. DEPT. SECRETARIAT, AMARAVATHI. ...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 a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the respondents 4 and 5 in sending the proposals to the respondents 1 to 3 to convert the Gurajala gram panchayat into nagar panchayat, though it does not have characteristics of the urban as illegal, in contravention of the provisions of the Panchayat Raj Act and Rules made there under and also in contravention of Municipalities Act and G.O.Ms.No.18 dated 07.01.2019 as illegal, arbitrary and consequently direct the respondents not to proceed further pursuant to the proposals submitted by the 5th respondent vide Rc.No. (NOT MENTIONED) dated 26.07.2019 to the 4th respondents and further proposals by the 4th respondent to the respondents 1 to 3 and pass 4 WRIT PETITION NO: 4846/2020 Between: 1. POTU NAGESWARA RAO,, S/O.KOLLAIAH, AGED ABOUT 48 YEARS, R/O.WARD NO.13. 2. NALLA SANKARAIAH,, S/O.VENKATEWARLU, AGED ABOUT 45 YEARS, R/O.WARD NO.8. 3. MALAPATI SYAMBABU,, S/O.RATNAM, AGED ABOUT 51 YEARS, R/O.WARD NO.4. 4. LOTTAPALLI RAMANA,, S/O.BUCHAIAH, AGED ABOUT 48 YEARS, R/O.WARD NO.5. 5. CHINTHAKAYALA PETHURU,, S/O.KOTAIAH, AGED ABOUT 40 YEARS, R/O.WARD NO.2. 6. CHINTAPALLI IMAMSA,, S/O.KASIM SHAH, AGED ABOUT 40 YEARS, R/O.WARD NO.16. 7. NELLURI MALLAIAH,, S/O.YELLAIAH, AGED ABOUT 60 YEARS, R/O.WARD NO.9. 8. JALDI NAGENDRA BABU,, S/O.TATA RAO, AGED ABOUT 25 YEARS, R/O.WARD NO.4. 9. MAKKENA SRINIVASA RAO,, S/O.NAGESWARA RAO, AGED ABOUT 45 YEARS, R/O.WARD NO.18. 10. POTU VENKATA RAO,, S/O.SOMAIAH, AGED ABOUT 42 YEARS, R/O.WARD NO.9. 11. MACHERLA NAGESWARA RAO,, S/O.VENKATESWARLU, AGED ABOUT 35 YEARS, R/O.WARD NO.12. 12. VEERLA RAMBABU,, S/O.NAGESWARA RAO, AGED ABOUT 35 YEARS, R/O.WARD NO.14. 13. NALLA.KASAIAH,, S/O.CHENNAIAH, AGED ABOUT 35 YEARS, R/O.WARD NO.10. 14. VEERLA NARASIMHA RAO,, S/O.NARAYANA, AGED ABOUT 38 5 YEARS, R/O.WARD NO.12. 15. NALLA NAGESWARA RAO,, S/O.SAIDULU, AGED ABOUT 55 YEARS, R/O.WARD NO.10. 16. MADARAJU SRINIVASA RAO,, S/O.KRISHNA MURTHY, AGED ABOUT 40 YEARS. R/O.WARD NO.12. 17. THOTICHERLA PITCHAIAH,, S/O.SATTAIAH, AGED ABOUT 40 YEARS, R/O.WARD NO.1. 18. KOYZ SIVA NAGESWARA RAO,, S/O.YELAMANDA, AGED ABOUT 35 YEARS, R/O.WARD NO.8. 19. NALLA LAKSHMAIAH,, S/B.PEDA RAMAIAH, AGED ABOUT 53 YEARS, R/O.WARD NO.12. (ALL ARE R/O.GURAZALA VILLAGE AND MANDAL, GUNTUR DISTRICT). ...PETITIONER(S) AND 1. THE STATE OF AP, REP BY ITS PRL. SECRETARY, MA AND UD, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION, PADMINI KRISHNA ENCLAVE, ANNAPURNA NAGAR, 5TH LINE, 4/7 GOT-ANTLA, GUNTUR DISTRICT. 3. THE DISTRFCT COLLECTOR, COLLECTORATE BUILDINGS, GUNTUR DISTRICT, GUNTUR. 4. THE DISTRICT PANCHAYAT OFFICER, ZILLA PARISHAA OFFICE, GUNTUR. 5. THE GURAZALA GRAM PANCHAYAT, REP. 'BY ITS PANCHAYAT SECRETARY, GURAZALA VILLAGE AND MANDAL, GUNTUR DISTRICT. ...RESPONDENT(S): 6 Counsel for the Petitioner(S): 1. N SUBBA RAO Counsel for the Respondent(S): 1. G P PANCHAYAT RAJ 2. SIREESHA RANI VALLABHANENI 3. GP FOR MUNCIPAL ADMN URBAN DEV 7 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 15095 of 2019 and 4846 of 2020 Since the issue involved in both the writ petitions is one and the same, this Court is inclined to pass the following COMMON ORDER: The parties in this case are referred as they were arrayed in W.P.No.15095/2019. 2. Heard learned counsel for the petitioners, learned Government Pleader for Respondent Nos.1 to 3 and learned Standing Counsel for Respondent Nos.4 and 5. 2. The case of the petitioners herein is that the respondents are trying to de-notify the 5th Respondent – Gram Panchayat and to notify the same as Nagar Panchayat. 3. Pending writ petition the Department of Panchayat Raj and Rural Development (E&R) issued G.O.Ms.No.247, dated 25.01.2020 de-notifying the 5th respondent – Gram Panchayat, as under: NOTIFICATION “In exercise of the powers conferred under clauses (f) of sub-section (2) of section 3 of the Andhra Pradesh Panchayat Raj Act, 1994, (Act 13 of 1994), the Governor of Andhra Pradesh hereby cancel the notification, in which the areas of Gurjala and Jangamaheswarapuram, are declared as Gram Panchayat, with 8 immediate effect in order to constitute Gurajala Nagarapanchayat in Guntur District” 4. Previously the State of Andhra Pradesh represented by its Principal Secretary, Panchayat Raj and Rural Development was not made as party respondent, who issued G.O.Ms.No.247, dated 25.01.2020 under which the Gram Panchayat was de-notified. Later petitioners filed I.A.No.2/2020 in W.P.No.4846 of 2020 seeking to implead the proposed Respondent No.6 i.e., the Gurazala Nagara Panchayat as party respondent without challenging G.O.Ms.No.73, Municipal Administration & Urban Development (G) Department, dated 25.01.2020, under which the 5th Respondent- Gram Panchayat was upgraded as 6th Respondent - Nagar Panchayat. Therefore, the writ petition itself is not maintainable for non-joinder of proper and necessary parties to the present lis. 5. In view of the fact that, during the pendency of the writ petitions, the 5th Respondent – Gram Panchayat had been upgraded as a Nagar Panchayat by virtue of G.O.Ms.No.73, Municipal Administration & Urban Development (G) Department, dated 25.01.2020 and has been functioning as Nagar Panchayat. Moreover the said Government Order has not been challenged. Due to non-challenge of 9 G.O.Ms.No.73, no cause of action survives for consideration on merits in these writ petitions. Consequently, the writ petition No.15095/2019 in which proposed action of upgradation of 5th Respondent become infructious after issuance of G.O.Ms.Nos.247 and 73 and due to the facts and reasons as stated above, the Writ Petition No.4846 of 2020 also become infructuous. 6. Accordingly, writ petitions are dismissed as infructuous. No order as to costs. Consequently, miscellaneous petitions, if any, pending in these writ petitions shall stand closed. ___________________________________ VENKATESWARLU NIMMAGADDA, J 02.09.2025 krk 10 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 15095 of 2019 and 4846 of 2020 02.09.2025 krk 143