APHC010441742025 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] TUESDAY,THE NINTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23159/2025 Between: 1. ANNEM JANARDHAN REDDY, S/O.LATE OBUL REDDY, AGED ABOUT 52 YEARS, OCC- AGRICULTURE, R/O.BACHAPURAM VILLAGE, ALLAGADDA MANDAL, NANDYAL DISTRICT. ...PETITIONER AND 1. THE STATE OF AP, REP BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE PANCHAYAT RAJ COMMISSIONER, TADEPALLY,THE PANCHAYAT RAJ ,GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, NANDYAL, NANDYAL DISTRICT. 4. THE DISTRICT PANCHAYAT OFFICER, NANDYAL, NANDYAL DISTRICT. 5. THE TAHASILDAR, ALLAGADDA MANDAL, NANDYAL DISTRICT 6. THE MANDAL PARISHAD DEVELOPMENT OFFICER, ALLAGADDA MANDAL, NANDYAL DISTRICT. 7. G JAMBULADINNE GRAM PANCHAYAT, JAMBULADINNE VILLAGE, 2 ALLAGADDA MANDAL, NANDYAL DISTRICT REP BY ITS PANCHAYAT SECRETARY. ...RESPONDENT(S): Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may be pleased toPleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondents No.2 to 4 in considering and disposing of the Representation dated 21- 04-2025 submitted by the Petitioner for establishing the Bachapuram Gram Panchayat by bifurcating the same from the 7th Respondent Gram Panchayat as arbitrary, illegal and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No.2 to 4 to consider and dispose of the representation dated 21-04- 2025 submitted by the Petitioner in accordance with law in the interest of justice. IA NO: 1 OF 2025 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased pleased to direct the Respondents No.2 to 4 to consider and dispose of the representation dated 21-04-2025 submitted by the Petitioner in accordance with law pending disposal of the Writ Petition in the interest of justice Counsel for the Petitioner: 1. P NAGENDRA REDDY Counsel for the Respondent(S): 1. GP FOR PANCHAYAT RAJ RURAL DEV 2. GP FOR REVENUE 3. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following: 3 THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 23159/2025 ORDER: This Writ Petition is filed under Article 226 of the Constitution of India seeking the following relief: “…..Pleased to issue a writ, order or direction more particularly one in the nature of writ of Mandamus to declare the delay and inaction on the part of the Respondents No.2 to 4 in considering and disposing of the Representation dated 21-04-2025 submitted by the Petitioner for establishing the Bachapuram Gram Panchayat by bifurcating the same from the 7th Respondent Gram Panchayat as arbitrary, illegal and violation of Article 14 and 21 of the Constitution of India and consequently direct the Respondents No.2 to 4 to consider and dispose of the representation dated 21-04-2025 submitted by the Petitioner in accordance with law in the interest of justice…..” 2. Heard the learned counsel for the petitioner, learned Government Pleaders for Panchayat Raj and Revenue and learned Standing Counsel for Gram Panchayat. 3. Learned counsel for the petitioner submits that the petitioner is a permanent resident of Bachapuram Village, situated in Allagadda Mandal, Nandyal District. On 21.09.2020, the petitioner submitted a representation 4 to respondent Nos.2 to 4, requesting the bifurcation of Bachapuram Village from the jurisdiction of the 7th respondent-Gram Panchayat and the establishment of a separate Gram Panchayat for the village. However, this representation was not considered by respondent Nos.2 to 4 due to the COVID-19 pandemic and conducted the elections. Subsequently, on 21.04.2025, the petitioner submitted another representation reiterating that the village has adequate population and annual income to justify its independent administrative status, in accordance with law. 4. It is further submitted that, despite the petitioner’s representation dated 21.04.2025, respondent Nos.2 to 4 have neither considered the request nor initiated any steps towards bifurcation. Additionally, no order has been passed rejecting the claim of the petitioner. Hence, the Writ Petition. 5. On the other hand, the learned Government Pleader for Panchayat Raj, along with the learned Standing Counsel for the respondent-Gram Panchayat, categorically submitted that the 1st respondent is presently not considering any proposals for bifurcation or merger of Gram Panchayats due to the ban/prohibition imposed under G.O.Ms.No.601, dated 05.03.2020. They further submitted that unless and until the said 5 ban/prohibition is lifted, the petitioner's claim and representation dated 21.04.2025 cannot be considered. 6. Upon considering the submissions made, it is observed that the petitioner is a permanent resident of Bachapuram Village, which currently forms part of the 7th respondent-Gram Panchayat. The village has a population of 1,050 and an annual income of Rs.32,000/-. In addition, it satisfies other requisite parameters prescribed for the establishment of a separate Gram Panchayat. 7. As contended by the learned counsel for the petitioner, the general elections to the local bodies are scheduled to be held in March 2026 (tentatively). Therefore, before the election process begins, the petitioner’s representation dated 21.04.2025 remains valid and ought to be considered. 8. It is a common phenomenon that whenever the 1st respondent proposes to conduct general elections for local bodies, requests from local authorities for bifurcation or merger are considered in accordance with the law. Since the upcoming general elections for local bodies are scheduled to be held in March 2026 (tentatively), the petitioner’s request, submitted by way of representation dated 21.04.2025, can be considered once the ban/prohibition imposed as per G.O.Ms.No.601, dated 6 05.03.2020 is lifted. Accordingly, the present Writ Petition is disposed of directing respondent Nos.2 to 4 to consider the representation of the petitioner dated 21.04.2025, within two (02) months after the ban/prohibition is lifted, and pass appropriate orders and the same shall be communicated to the petitioner. 9. Accordingly, the Writ Petition is disposed of. There shall be no order as to costs. Consequently, Miscellaneous Petitions, if any, pending in the Writ Petition shall stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.09.2025 SCH 7 408 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION No.23159 of 2025 09.09.2025 SCH