APHC010004412020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] THURSDAY,THE SEVENTEENTH DAY OF JULY TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 353/2020 Between: 1. JAMALLAMUDI VENKATA KRISHNAIAH, S/O RAMANAIAH, AGED ABOUT 53 YEARS, RIO CHOUTAPALEM VILLAGE, VENKATACHALEM MANDAL, SPSR NELLORE DISTRICT 2. KANTIPALLI RAMESH KUMAR, S/O KANTIPALLI PENCHALAIAH, AGED ABOUT 26 YEARS, R/O CHOUTAPALEM VILLAGE, VENKATACHALEM MANDAL, SPSR NELLORE DISTRICT 3. PACHABATLA RAMANAIAH, S/O BOYANNA, AGED. ABOUT 62 YEARS, R/O ABHISAHEB KANDRIGA, VENKATACHALEM MANDAL, SPSR NELLORE DISTRICT 4. MANDLA RAMANAIAH, S/O VENKAIAH, AGED ABOUT 54 YEARS, R/O ABHISAHEB KANDRIGA, VENKATACHALEM MANDAL, SPSR NELLORE DISTRICT 5. TADIPARTHI PENCHALAIAH, S/O PENCHALAIAH, AGED ABOUT 42 YEARS R/O YERRAGUNTA, VENKATACHALEM MANDAL, SPSR NELLORE DISTRICT 6. R RAMANAIAH, S/O NARAIAH, AGED ABOUT 42 YEARS R/O YETRAGUNTA, VENKATACHALEM MANDAL, SPSR NELLORE DISTRICT ...PETITIONER(S) AND 1. THE STATE OF AP, PANCHAYAT RAJ AND RURAL DEPARTMENT, REP. BY ITS PRL SECRETARY, SECRETARIAT, VELAGAPUDI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEPARTMENT, TADEPALLI, GUNTUR DISTRICT 3. THE DISTRICT COLLECTOR, NELLORE, SPSR NELLORE DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, , NELLORE, SPSR NELLORE DISTRICT. 5. MANDAL PARISHAD DEVELOPMENT OFFICER, , VENKATCHALEM MANDAL, SPSR NELLORE DISTRICT 6. THE EXTENSION OFFICER, (PANCHAYAT RAJ AND RURAL DEVELOPMENT VENKATACHALAM MARIDAL, SPSR NELLORE DISTRICT 7. KANUPURU BIT II CHAVATAPALEM GRAM PANCHAYAT, VENKATACHALAM MANDAL, SPSR NELLORE DISTRICT, REP BY ITS SPECIAL OFFICER ...RESPONDENT(S): The Court made the following: THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 353 of 2020 ORDER: 1. Heard the learned counsel for the petitioner and the learned counsel for the respondents. 2. The case of the petitioners is that the petitioners are residents of Kanupuru Bit-II @ Chavatapalem Gram Panchayat, Venkatachalem Mandal, SPSR Nellore District. They have filed the present writ petition challenging the proposed action of the respondent in bifurcating the said village to form a new Gram Panchayat, viz., Yerragunta Gram Panchayat, consisting of Yerragunta and Abbisaheb Kandriga villages, without following the due procedure and without adhering the provisions of the Panchayat Raj Act. Hence, the present writ petition. 3. The learned counsel for the 4th respondent i.e., the District Panchayat Officer filed a counter affidavit, wherein it is stated that the 6th respondent, who is the Special Officer of Kanupuru Bit-II Gram Panchayat, acted in accordance with Rule 9 of G.O.Ms.No.542, PR & RD Department, dated 03.12.2017, by conducting a Grama Sabha on 29.12.2019 and after passing a resolution accepting the bifurcation of Kanupuru Bit-II Gram Panchayat and forming a new Gram Panchayat, namely Saraswathi Nagar. Subsequently, the Government, PR & RD Department, issued a notification vide G.O.Ms.No.34 dated 09.01.2020, bifurcating Kanupuru Bit- II Gram Panchayat and constituting Saraswathi Nagar as a new Gram Panchayat in Venkatachalem Mandal. 4. In view of the same, as the bifurcation of Kanupuru Bit-II Gram Panchayat and formation of Saraswathi Nagar Gram Panchayat has already been effected, no cause survives for further adjudication. Therefore, no orders are necessary in the present writ petition, and the writ petition has become infructuous. 5. Accordingly, the Writ Petition is dismissed as infructuous. However, if the bifurcation is contrary to law, the petitioner is at liberty to challenge the bifurcation notification, i.e., G.O.Ms.No.34 dated 09.01.2020, in an appropriate manner. There shall be no order as to costs. As a sequel, miscellaneous petitions, if any, pending shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 17.07.2025 kkllkk 251 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 353 of 2020 17.07.2025 kkllkk