::1:: APHC010328282019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE THIRTEENTH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 15428/2019 Between: 1. RAGI BALACHANDRAIAH, S/O CHENNAIAH, AGED ABOUT 48 YEARS, OCC- AGRICULTURE, R/O THURPU KHAMBAMPADU (VIL), CHEJARLA MANDAL, S.P.S.R.NELLORE DISTRICT ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH P.V.S.EMPIRE, TADEPALLI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, NELLORE, S.P.S.R. NELLORE DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, NELLORE, S.P.S.R.NELLORE DISTRICT. 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER, CHEJARLA MANDAL, CHEJARLA (VIL), S.P.S.R.NELLORE DISTRICT ...RESPONDENT(S): 2 This Court made the following ORDER:- 1. This writ petition is filed under Article 226 of the Constitution of India seeking the following relief: “to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Mandal Parishad Development officer, Chejarla Mandal, Chejarla, S.P.S.R. Nellore District, the 5th Respondent herein in preparing list dated- 03-08-2019 for the village Secretariat Head Quarters Kotitheertham village, Chejarla Mandal, S.P.S.R.Nellore District instead L _ at Thurpuldrambampadu Village, Chejarla Mandal, S.P.S.R.Nellore District and establishing the village Secretariat Head Quarter at Kotitheertham Village, Chejarla Mandal, S.P.S.R Nellore District is arbitrary, illegal, without Jurisdiction, in violation of G.O.Ms. No.110, Panchayat Raj and Rural Development (MDL-I), Department dated- 09-07-2019 and also the guidelines in Circular Memo No.575/CPR andRD/S/2019, Dated- 29-06-2019 of the Commissioner, Panchayat Raj Rural Development Deportment, Tadepalli, Guntur District and consequentially direct the Respondents not to establish the village Secretariat Head Quarter at Kotitheertham Village, Chejarla Mandal, S.P.S.R.Nellore District and further direct the Respondents to establish the village Secretariat Head Quarter at Thurpukhambampadu village, Chejarla Mandal, S.P.S.R.Nellore District and pass...” 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the Panchayat Raj and Rural Development 3 appearing for the respondent Nos.1 to 4 and the learned Standing counsel appearing for the respondent No.5. 3. The case of the petitioner is that the petitioner is a permanent resident of Thurpukhambampadu, Chejarla Mandal, SPSR Nellore District, which is an independent Gram Panchayat with a population of 2000 people, whereas Kotitheertham village, with a population of 786 people, is also a separate Gram Panchayat, which is bifurcated. 4. The learned counsel for the petitioner submits that the petitioner came to know that the respondent Nos. 2 to 5 are taking steps to establish the headquarters for the Village Secretariats at Kotitheertham Gram Panchayat, while ignoring the older and larger Grampanchayat of Thurpukhambampadu. It is contended that such action is contrary to G.O.Ms. No.110, Panchayat Raj and Rural Development (MDL) Department, dated 19.07.2019, and the Circular Memo dated 29.06.2019. 5. He further submits that, as per the object of the G.O.Ms.No.110, the respondent No.1 has proposed to provide various government services at the doorsteps of citizens through a single-window system, and to achieve this objective, the 4 government decided to establish the Village Secretariats. As per the terms of G.O.Ms.No.110, the headquarters for the Village Secretariats are to be established in villages having a population of more than 2,000 people but less than 4,000 people. Therefore, since Thurpukhambampadu village has a population of 2,000 people, a Village Secretariat can be established there by merging Kotitheertham Gram Panchayat, which has a population of 786 people. Any proposal to establish a Village Secretariat at Kotitheertham Gram Panchayat, a small and newly bifurcated/constituted Gram Panchayat, by merging Thurpukhambampadu village and to be treated as a single cluster is violation of concept of continuation of revenue villge. Hence, establishing the headquarters for the Village Secretariat at Kotitheertham Gram Panchayat is contrary to the terms of G.O.Ms.No.110, dated 19.07.2019, and the Circular Memo dated 29.06.2019. Hence, the writ petition. 6. On the other hand, the learned standing counsel for the respondents furnished written instructions dated 12.08.2025, wherein it is stated that, as per the terms of G.O.Ms.No.110 dated 19.07.2019 and the Circular Memo dated 29.06.2019, the Village 5 Secretariat headquarters should be established, as far as possible and after considering all aspects at the head quarters of the revenue village having a larger population. Whereas, in the present case, there is no existing Gram Panchayat building in Thurpukhambampadu village, whereas a newly constructed Gram Panchayat office is available at Kotitheertham Gram Panchayat. Therefore, for the establishment of a new Village Secretariat headquarters, locating it in the existing Gram Panchayat office is considered more convenient for the public than establishing it in rented premises. In view of the same, Kotitheertham Gram Panchayat was notified as the headquarters for the establishment of a new Village Secretariat/team Unit to provide services to the people of both Kotitheertham Gram Panchayat and Thurpukhambampadu Gram Panchayat. 7. The learned Government Pleader for the respondents further submits that the establishment of headquarters for Village Secretariats lies within the discretion of the respondent authorities, taking into consideration various factors and in accordance with the terms of G.O.Ms.No.110 dated 19.07.2019 and the Circular Memo dated 29.06.2019. She further submits that the new Village 6 Secretariat at Kotitheertham Gram Panchayat, by converting the Gram Panchayat office, has already been established and has been functioning from the past six years. Therefore, interference by this Court under Article 226 of the Constitution of India is not warranted. 8. Considering the submissions made by both the learned counsel and on perusal of G.O.Ms.No.110 dated 19.07.2019 and the Circular Memo dated 29.06.2019, it appears that new Village Secretariats are to be established, as far as possible, at the headquarters of the revenue village having a larger population. As per G.O.Ms.No.110 dated 19.07.2019, there should be a Village Secretariat/Team/Unit to cater to the needs of a population of more than 2,000 people and less than 4,000 people. Admittedly, in the present case, the combined population of the two villages is 2,786 people. Therefore, there is a requirement for the establishment of one new Village Secretariat, even though both villages are separate Gram Panchayats. 9. As contended by the learned counsel for the respondents, since a Gram Panchayat building is available at Kotitheertham Gram Panchayat, it is more convenient to establish a new Village 7 Secretariat headquarters there, thereby enabling services to be rendered to the citizens immediately. On the other hand, in Thurpukhambampadu village, there is no suitable building for establishing a new Village Secretariat, and setting it up there would take considerable time and requires taking of premises on rent, thereby burdening the public exchequer. Hence, the decision to establish the new Secretariat at Kotitheertham Gram Panchayat is valid and reasonable and also sustainable. 10. It is a settled proposition of law that the executive authority is the most competent one to allocate and utilize funds for the effective utilization of public good and decision of an executive authority is at its wisdom and its domain. As such, establishment of Village Secretariats, ensuring better administration and achieving the objective of providing various Government services at the doorsteps of villagers in the utmost criteria. Therefore, after weighing the pros and cons, and considering the availability of a permanent Gram Panchayat office building at Kotitheertham Gram Panchayat, respondent Nos. 2 to 5 had rightly decided to establish the headquarters of the Village Secretariat there. Therefore, the 8 same cannot be faulted for one or sole reason as long as it is serving public purpose. 11. In the absence of any mala fides, unfair, perverse intention, or arbitrariness attributable to the respondents in respect of the decision to establish the Village Secretariat at Kotitheertham Gram Panchayat cannot be interfered with. Moreover, the fact remains that the Village Secretariat has already been established and functioning at Kotitheertham Gram Panchayat from the past six years, and the same cannot be disturbed as of now in the absence of mala fide or perverse action on the part of the respondents. In view of the reasons stated above, the writ petition is lacks merit and accordingly the writ petition is dismissed. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 13.08.2025 klk 9 244 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.15428 of 2019 13.08.2025 klk