::1:: APHC010063892020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE SIXTEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 3840/2020 Between: 1. L SANKARA NARAYANA REDDY, S/O. P.L. NARAYANA REDDY, AGE 60 YEARS, OCC- AGRICULTURIST, PEDDA YEKKALURU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 2. L. SAVITHRAMMA,, W/O. L.SANKARA NARAYANA REDDY, AGE 56 YEARS, EX.SARPANCH, PEDDA YEKKALURU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 3. K. NAGENDRA, S/O. SUBBARAYUDU, AGE 25 YEARS, PEDDA YEKKALURU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 4. G.BALANAGAIAH,, S/O. LATE BALANAGAIAH, AGE 21 YEARS, PEDDA YEKKALURU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 5. T. MOHAMMAD SAB,, S/O. LATE YOUSUF SAB AGE 60 YEARS, PEDDA YEKKALURU VILLAGE, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT. 6. K. HAJIVALI,, S/O. MABUPEERA, AGE 24 YEARS, PEDDA YEKKALURU VILLAGE, PEDDAPAPPUR MANDAL, ANANTL-APURAMU DISTRICT. ...PETITIONER(S) AND 1. THE PRINCIPAL SECRETARY, REP. BY ITS PE NCHAYAT RAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, SECRETARIAT, VELAGAPUDI, GUNTUR- 522002. 2. THE DIRECTOR AND COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, STATE OF ANDHRA PRADESH, P.V.S.EMPIRE, TADEPALLI-522 501. 2 3. THE DISTRICT COLLECTOR, ANANTHAPURARRM. ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE. 4. THE DISTRICT PANCHAYAT OFFICER, ANANTHAPURAMU, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE 5. THE MANDAL PARISHAD DEVELOPMENT OFFICER MPDO, PEDDAPAPPUR VLANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE. 6. THE DIVISIONAL PANCHAYAT OFFICER, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE 7. PEDDA YAKKALURU GRAMAPANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, PEDDAPAPPUR 1VIANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE. 8. THE P CHERLOPALLY GRAM PANCHAYAT, REPRESENTED BY ITS PANCHAYAT SECRETARY, PEDDAPAPPUR MANDAL, ANANTHAPURAMU DISTRICT, ANDHRA PRADESH STATE ...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 an appropriate writ, order or direction more particularly one in the nature of WRIT OF MANDAMUS declaring the action the respondents 2 to 6 in accepting smaller P Cherlopally Grampanchayat office/8th respondent to establish Grama Sachivalayam (Village Secretariat) ignoring biggest Pedda Yakkaluru Gramapanchayat office/7th respondent as biased, arbitrary and illegal and consequently direct the respondents to establish Grama Sachivalayam (Village Secretariat) in Pedda Yakkaluru Gramapanchayat office/ 7th respondent by following due process of law to meet the ends of justices and pass...= 3 2. Heard the learned counsel for the petitioner and the learned Government Pleader for the Panchayat Raj and Rural Development appearing for the respondent Nos.1 to 4 and the learned Standing counsel appearing for the respondents No.5 to 8. 3. The case of the petitioners is that the petitioner is a permanent resident of the 7th respondent Gram Panchayat, Peddadayakkalur, which is an independent Gram Panchayat having a population of 2,020 people, whereas P. Cherlopalli Gram Panchayat, having a population of 1,198 people, is also a distinct and bifurcated Gram Panchayat. 4. The learned counsel for the petitioners submits that the petitioners came to know that the respondent Nos. 2 to 6 are taking steps to establish the headquarters for the Village Secretariats at P. Cherlopalli Gram Panchayat, while ignoring the older and larger Gram Panchayat of Peddayakkalur. 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. 4 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 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 P. Cherlopalli Gram Panchayat village has a population of 2,020 people, a Village Secretariat can be established there by merging Peddayakkalur Gram Panchayat, which has a population of 1198 people. Any proposal to establish a Village Secretariat at P.Cherlopalli Gram Panchayat, a small and newly bifurcated/constituted Gram Panchayat, by merging Peddayakkaluru village and to be treated as a single cluster is violation of concept of continuation of revenue village. Hence, establishing the headquarters for the Village Secretariat at P. Cherlopalli 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. 5 6. On the other hand, the learned standing counsel for the respondents filed counter affidavit on behalf of the respondent No. 5, wherein it is stated that:- It is submitted that Peddayekkalur village is under the Chagaluru reservoir and as the said village is submergible and as such a proposal was made to declare the said village as submergible village. The then member of parliament and revenue divisional officer made a proposal in view of the representation and request of the villagers of Peddayekkaluru. In this regard the Mandal medical officer submitted a report on 17.11.2017 and the Mandal agricultural officer, housing board authorities have submitted their report on 21.11.2017 and further the report of the Panchayat secretary dated 21.11.2017 and the report of the surveyor dated 17.11.2017. In terms of the above said reports, the Tahsildar, Pedda Pappur submitted the said proposal before to the district collector vide R.C.No.A/321/2017 to declare the said village as submergible land/flood prone area. It is further submitted that without having knowledge of the above said facts, the then Mandal Panchayat Development Officer, who was posted from another district during the year 2019 at the time of elections has proposed to construct the grama sachivalayam in the village having large population an proposed the construction in Pedda Yekkaluru village in terms of the 6 Governmental orders. The said proposal was accepted and permission was issued accordingly. It is submitted that as said proposal to declare the pedda Yekkaluru village as submergible village is pending before the government and further as there is no fit soil for construction of the gram sachivalayam and as there is water flow everywhere in the said village. The mandal committee has made a proposal to shift the sachivalaym to a different place of the very same panchayat cluster of P.Cherlopally Gram Panchayat and the same was submitted to district collector of Ananthapuramu. The commissioner, Panchayat Raj department, Tadepalli, Guntur district having considered the said aspect has issued the proceedings vide Rc.No.751/Panchayat Raj and rural development/5/2019 dated 10.01.2020 and changed the P.Cherlopally Gram Panchayat as village secretariat. 7. Written instructions also furnished by the learned Standing counsel for the respondents, wherein it is stated that as follows:- Due to availability of water in the reservoir in the entire village as well as agricultural lands are affected due to seapage water even in the borewells leakages affecting residential houses. All the government schemes like housing schemes are not being implements, crops are being damaged, roads are also filled with water leakages, sanitation is being affected leads to various diseases. It is also opined that there is 7 a danger of village sub-merged with Dam water at any time, hence it needs rehabilitation. In these circumstances, it is concluded and submitted reports to the commissioner, Panchayat Raj and Rural Development for change of village secretariat establishment from Peddayakkaluru village to others nearby village i.e., P.Cherlopalli village of the same mandal. The commissioner, Panchayat Raj and Rural Development has examined the matter in detail and passed orders for establishment of village to P.Cherlopalli village of Peddapappur Mandal of Ananthapuram District. 8. 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 of 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 secretariat at P.Cherlopalli 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. 9. Considering the submissions made by both the learned counsel and on perusal of G.O.Ms.No.110 dated 19.07.2019 and 8 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, P.Cherlopalli Gram Panchayat is one of the cluster village under the same Gram Panchayat. Therefore, there is a requirement for the establishment of one new Village Secretariat, even though both villages are separate Gram Panchayats. 10. As contended by the learned counsel for the respondents, since Peddayakkaluru village has been declared as a submergible village due to the Chaguluru Reservoir, it would be more convenient to establish the new Village Secretariat headquarters at P. Cherlopalli village, thereby enabling immediate delivery of services to the citizens. On the other hand, Peddayakkaluru village is not a suitable place/location for establishing a new Village Secretariat, and any construction undertaken there would result in considerable loss and damage, thereby causing an unnecessary burden on the public exchequer. Hence, the decision to establish the new 9 Secretariat at P.Cherlopalli village is valid and reasonable and also sustainable. 11. 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 is the utmost criteria. Therefore, after weighing the pros and cons, and considering the availability of a permanent Gram Panchayat office building at P.Cherlopalli village, respondent Nos. 2 to 6 had rightly decided to establish the headquarters of the Village Secretariat at P.Cherlopalli village. Therefore, the same cannot be find fault for one or sole reason as long as it is serving public purpose. 12. In the absence of any mala fides, unfair, perverse intention, or arbitrariness attributable to the respondent authority in respect of the decision to establish the Village Secretariat at P.Cherlopalli Gram Panchayat cannot be interfered with. Moreover, the fact remains that the Village Secretariat has already been established 10 and functioning at P.Cherlopalli 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 16.09.2025 klk 11 292 THE HON’BLE SRI JUSTICE VENAKTESWARLU NIMMAGADDA WRIT PETITION NO.3840 of 2020 16.09.2025 klk