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2025 DAILYLAW 46720 (AP)

Kudithipudi Venu Babu v. The State of Andhra Pradesh

WP/6571/2020 · 2025-09-23

Venkateswarlu Nimmagadda

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

::1:: APHC010107762020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] WEDNESDAY,THE TWENTY FOURTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 6571/2020 Between: 1. KUDITHIPUDI VENU BABU, S/O. K.B.R. PRASAD, AGED ABOUT 41 YEARS, OCE. AGRICULTURE, RIO. D.NO. 2-13, PEDAGADELAVARRU VILLAGE, TSUNDURU MANDAL, GUNTUR DISTRICT, ANDHRA PRADESH. ...PETITIONER AND 1. THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, AMARAVATI. 2. THE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, GUNTUR DISTRICT, GUNTUR. 4. THE DISTRICT PANCHAYAT OFFICER, . GUNTUR DISTRICT, GUNTUR. 5. THE CHIEF EXECUTIVE OFFICER CEO, , . ZILLA PARISHAD, GUNTUR DISTRICT, GUNTUR. 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, , TSUNDURU MANDAL, TSUNDURU, GUNTUR DISTRICT. 7. THE TAHSILDAR, TSUNDURU MANDAL, TSUNDURU, GUNTUR DISTRICT. 8. THE PEDAGADELAVARU GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, TSUNDURU MANDAL, BAPATLA DISTRICT. 9. THE CHINAGADELAVARU GRAM PANCHAYAT, 2 REP BY ITS PANCHAYAT SECRETARY, TSUNDURU MANDAL, BAPATLA DISTRICT. 10. THE KARUMURUVARIPALEM GRAM PANCHAYAT, REP BY ITS PANCHAYAT SECRETARY, TSUNDURU MANDAL, BAPATLA DISTRICT. RR 8 TO 10 ARE IMPLEADED AS PER THE ORDER OF THIS COURT DT 25/01/2023 VIDE ORDER PASSED IN IA 01/2022. ...RESPONDENT(S): 3 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 an appropriate writ, order, direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action of the 2nd respondent in issuing proceedings No.751/CPRandRD/S/2019, dated 13-02-2020 , wherein the changing the location of the village secretariat from Pedagadelavarru village, Tsunduru Mandal, Guntur district to Karumuruvarip alert village, Tsunduru. Mandal, Guntur district at SI.No.1 as illegal, arbitrary, colourable exercise of power and contrary to G.O.Ms.No.110, PR and RD, Department, dated 19-07-2019 and also violation of Article 14, 19 and 21 of the Constitution of India and set-aside the same and consequently direct the respondents to continue the village secretariat at Pedagadelavarru village, Tsunduru Mandal, Guntur District and be pleased to pass......= 2. Heard the learned counsel for the petitioner and the learned Standing counsel for the respondents. 3. The case of the petitioner is that, pursuant to G.O.Ms.No.110 dated 19.07.2019, the 2nd respondent issued proceedings dated 13.02.2020, thereby changing the location of the Village Secretariat from the petitioner’s village, i.e., Pedagadelavarru, Tsunduru Mandal, Guntur District, to Karumuruvaripalem Village, Tsunduru Mandal, Guntur District. 4 4. The learned counsel for the petitioner submits that the Village Secretariat was established in Pedagadelavarru Village for three Gram Panchayats and it has been functioning in the Gram Panchayat office. A site was also identified for the construction of a permanent building, pursuant to an inspection conducted by the Panchayat Raj officials as well as the Revenue officials. However, on the ground of long distance to the existing villages, steps are being taken to shift the location of the Village Secretariat from Pedagadelavarru village to Karumuruvaripalem village, in pursuance of the proceedings issued by the 2nd respondent dated 13.02.2020. He further submits that without there being valid reasons in the proceedings issued by the 2nd respondent for the change of location, except with reference to G.O.Ms.No.110 dated 19.07.2019 issued by the 1st respondent, which is illegal and arbitrary. Hence, the present Writ Petition. 5. He further submits that after hearing the matter at the admission stage, this Court was pleased to pass an interim order dated 13.03.2020 directing the respondents to maintain status quo with regard to the functioning of the Village Secretariat at Pedagadelavarru Village. 5 6. On the other hand, the learned Standing Counsel for the respondents furnished written instructions issued by the 6th respondent dated 24.09.2025, wherein it is stated that initially Pedagadelavarru Village was selected as head quarter for construction of the Village Secretariat. However, as there was no availability of government land in Pedagadelavarru Village, the proposal to construct the Village Secretariat was shifted to Karumuruvaripalem Village, vide orders dated 13.02.2020 issued by the 2nd respondent/Commissioner. Pursuant to the interim order passed by this Court on 13.03.2020, the Village Secretariat building already was constructed apart from that a Health Clinic and also Farmers’ Service Center were also established. It is further submitted that the Village Secretariat is operating at Pedagadelavarru Village only. Hence, that the respondents have complied with the order of this Court without any deviation. 7. In view of the continuous functioning of the Village Secretariat at Pedagadelavarru Village, this Court is of the considered opinion that the grievance of the petitioner was stands redressed, as the proposed shifting pursuant to the proceedings dated 13.02.2020 issued by the 2nd respondent has not been acted upon. Therefore, 6 no further orders are necessary. However, if the respondents intend to implement the proceedings of respondent No.2 dated 13.02.2020, they should follow due process of law. 6. In view of the above observance, the writ petition is disposed of, with the consent of both the counsel. No costs. As a sequel, interlocutory applications if any pending, shall stand closed. _____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA 24.09.2025 klk 7 235 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.6571 of 2020 24.09.2025 klk