::1:: APHC010395462019 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE TWENTY NINETH DAY OF AUGUST TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 18998/2019 Between: 1. I.BALA RAMA KRISHNA, S/O.SRI I.SATYANARAYANA HINDU, AGED 45 YEARS, OCC-BUSINESS, R/O.33RD WARD PAIDIPARRU VILLAGE TANUKU, WEST GODAVARI DISTRICT ANDHRA PRADESH 2. M.SRINIVAS, S/O.SRI M.SATYANARAYANA HINDU, AGED 50 YEARS, OCC-BUSINESS R/O.32ND WARD, PAIDIPARRU VILLAGE TANUKU, WEST GODAVARI DISTRICT ANDHRA PRADESH ...PETITIONER(S) AND 1. THE CHIEF SECRETARY, STATE OF ANDHRA PRADESH A.P.SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 2. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR DISTRICT, ANDHRA PRADESH 3. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT 1ST FLOOR, OLD CHARITASRI HOSPITAL NAKKAL ROAD, SURYARAOPET VIJAYAWADA, KRISHNA DISTRICT - 520 002 4. THE DISTRICT COLLECTOR, WEST GODAVARI DISTRICT, ELURU ANDHRA PRADESH 5. THE DISTRICT PANCHAYAT OFFICER, WEST GODAVARI DISTRICT, ELURU ANDHRA PRADESH 6. THE STATE OF ANDHRA PRADESH, REP.BY ITS PRINCIPAL SECRETARY MUNICIPAL ADMINISTRATION 85 URBAN DEVELOPMENT DEPARTMENT A.P. SECRETARIAT, VELAGAPUDI AMARAVATHI, GUNTUR 2 DISTRICT, ANDHRA PRADESH 7. THE COMMISSIONER AND DIRECTOR OF MUNICIPAL ADMINISTRATION ANDHRA PRADESH, AMARAVATHI, GUNTUR DISTRICT. ...RESPONDENT(S): 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 a writ of mandamus declaring the action of the respondents in not taking steps to merge the Venkatrayapuram Industrial Area Township with Tanuku Municipality as per the liberty granted in W.P.No. 9784/2013 dt.09-09-2014 and in taking steps to conduct elections to Venkatrayapuram Township treating it as Township and also to Paidiparru, Veerabhadrapuram and Revenue Survey Nos.150 to 153 of Palangi Villages treating them as Grampanchayats when the issue regarding merger of those Township and Grampanchayats with Tanuku Municipality is seized off b y this Hon'ble Court in W.P.No.12157/ 2013 as highly illegal, arbitrary exercise of power and contrary to law and consequently direct the respondents not to hold election to the Venkatrayapuram Township, Paidiparru, Veerabhadrapuram and Revenue Survey Nos.150 to 153 of Palangi Villages to enable the concerned authorities to complete the merger process of those Grampanchayats into Tanuku Municipality and pass…” 2. None represented for the petitioners. 3. None represented for the petitioners. 3. The case of the petitioners is that, the respondents are not taking any steps to merge Venkatrayapuram Industrial Area 3 Township with Tanuku Municipality pursuant to the order passed by this Court dated 09.09.2014 in W.P. No. 9784 of 2013, and also not conducting elections to Tanuku Municipality. Hence, the present writ petition. 4. On the other hand, the learned Government Pleader for the respondents has furnished written instructions dated 29.08.2025 issued by the 5th respondent herein, wherein it is stated as follows:– “The operative portion of the order dated 26.11.2014 in W.A.No.1294 of 2014 of the Hon’ble Court is submitted herein under for kind perusal of the Government:- “It is clear that the issue was confined to merger of the petitioner No.1 township with the respondent No.7 Municipality. While adjudicating the matter, his lordship has granted not only that relief but also the relief of quashing the merger of two Gram Panchayats namely Paidiparru and Veerabhadrapuram. Since these two Gram Panchyats are part and parcel of the same G.O, the learned trial Judge thought it fit to set aside the merger of the two Gram Panchayats also. According to us, the merger of these Gram Panchayats with the municipality was not in issue in the present writ petition. We therefore modify the order of the trial judge holding the judgments and 4 order of the Hon’ble trial judge shall be confined only to the merger of the writ petitioner No.1 township with the respondent No.7 Municipality. The appeal is accordingly disposed of.” (1) It is appropriate to mention here that at the time of orders dated 26.11.2014 issued by the Hon’ble High court in W.A.No.1294 of 2014, elections were held to Tanuku Municipality duly including Venkatarayapuram Industrial town area as ward No.17. (2) Now the people of Venkatarayapuram Industrial Township area (which was merged into Tanuku Municipality) are getting welfare schemes and as well as all kinds of civil amenities through Tanuku Municipality as it was long bank merged into Tanuku Municipality and being under Municipal Administration. (3) As per the records available and report submitted by Municipal Commissioner Tanuku and MPDO, Tanuku by the time of delivery of judgment dated 26.11.2014 by Hon’ble High court elections were conducted and local body had been constituted. (4) Due to legal impediments Tanuku Municipality is excluded by the election commission from elections, which were conducted in 2019 General elections. 5 5. The learned Government Pleader for the respondents submits that so far no elections were taken place in respect of Tanuku Municipality and elections are to be conducted in accordance with law. 6. Heard the submissions made by the learned counsel for the petitioner, the learned Government Pleader for Panchayat Raj and Rural Development appearing for respondents and perused the material available on record. 7. After considering the facts and circumstances stated as supra, this Court is of the considered opinion that, in view of the clear and categorical submissions made by the learned Government Pleader and the written instructions issued by the 5th respondent, it is observed that, as on the date of the orders dated 26.11.2014 passed by this Court in W.A. No.1294 of 2014, elections were held to Tanuku Municipality, duly including Venkatarayapuram Industrial Town area as Ward No.17, and elections were conducted in the year 2014, pursuant to which the local body was constituted. It is further observed that, in view of the judgment dated 26.11.2014 in W.A. No.1294 of 2014, the Gram Panchayats of Paidiparru and Veerabhadrapuram, as well as Venkatarayapuram Industrial 6 Township area, were merged with Tanuku Municipality. However, elections were not conducted in respect of Tanuku Municipality in the year 2019 after merging Paidiparru and Veerabhadrapuram Gram Panchayats. Therefore, the respondents are directed to take steps for conducting elections in respect of Tanuku Municipality, in view of the merger of the villages, viz., Paidiparru, Veerabhadrapuram, and Venkatarayapuram Industrial Township, in accordance with law. 8. Accordingly, in view of the above direction, the writ petition is disposed of. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 29.08.2025 klk 7 190 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.18998 of 2019 29.08.2025 klk