Extracted from the PDF above. The PDF is authoritative.
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APHC010263062020
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3329] FRIDAY,THE NINETEENTH DAY OF SEPTEMBER TWO THOUSAND AND TWENTY FIVE PRESENT THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 17350/2020 Between:
1. G ANIL KUMAR REDDY, S/O. RANGA REDDY HINDU, MALE, AGED 45 YEARS, R/O. ADDEPALLI VARI VILLAGE, KALIKIRI MANDAL, CHITTOOR DISTRICT
2. K. KUMAR REDDY, S/O. NARASIMHA REDDY HINDU, MALE, AGED 40 YEARS, R/O. ADDEPALLI VARI VILLAGE, KALIKIRI MANDAL, CHITTOOR DISTRICT
...PETITIONER(S) AND
1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYAT RAJ DEPARTMENT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT
2. THE DISTRICT COLLECTOR, CHITTOOR DISTRICT CHITTOOR
3. THE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT CHITTOOR
4. THE MANDAL PARISHAD DEVELOPMENT OFFICER,
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KALIKIRI MANDAL, CHITTOOR DISTRICT
5. THE ADDEVARIPALLI GRAMAPANCHAYAT, REP. BY ITS SECRETARY, ADDEPALLI VARI VILLAGE, KALIKIRI MANDAL, CHITTOOR DISTRICT
...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 to issue a Writ of Mandamus declaring the action of the respondents 2 to 5 in trying to shift the village secretariat of Addevaripalli village to Yarradoddipalli village without having any valid proper reason as illegal, irregular, arbitrary and violative of the Settled Principles of Law and also offends Articles 14, 21 of Constitution of India and consequently direct the respondents to not shift the village secretariat of Addevaripalli Gram Panchayat from Addevaripalli village to any other place and pass such other orders or order
Counsel for the Petitioner(S):
1. MANGENA SREE RAMA RAO Counsel for the Respondent(S):
1. GP FOR PANCHAYAT RAJ RURAL DEV
2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
W.P.No.17350 of 2020 This Court made the following
ORDER:
Heard learned counsel for the petitioners, learned Standing Counsel for Respondents and perused the material placed on record.
2.
Learned counsel for the petitioners submits that the Respondent Nos.2 to 5 herein are trying to shift the Village Secretariat of Addevaripalli Village to Yarradoddipalli Village is contrary to the earlier proceedings and without any valid ground or reasons and contrary to the terms of G.O.Ms.No.110, dated
19.07.2019. At the admission stage, after hearing the matter this Court was pleased to pass an interim order dated 28.09.2020 granting stay of shifting Village Secretariat from Addevaripalli Village to Yarradoddipalli Village. 3. Respondent No.4 filed counter, wherein it is stated as under:
“I further submit that, addevaripalli Grampanchayat building was constructed in the year 2013 which is not suitable to
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accommodate the staff of Village Secretariat which consists of, 1. Panchayat Secretary, 2. Digital Assistant, 3. Welfare and Educational Assistant 4. Agricultural Assistant 5. Survey Assistant 6. Mahila Police 7. Engineering Assistant 8. Animal Husbandry Assistant 9. Village Revenue Officer 10. ANM and 5 Village Volunteers. Apart from the same village Secretariat Building shall have the amenities like meeting hall and toilets. In addition to the same the government has also directed to have mee-seva centre at Village Secretariat for the convenience of the public. Since the grampanchayat building of addevaripalli is not sufficient for housing the above employees, further there is no other suitable land available in addevaripalli village, the Tahsildar – Kalikiri identified an extent of Ac.0.30 cents in Sy.No.584/2 of Yarradoddipalli Village to for constructing gramasachivalayam. Further it is not out of place to mention that the exiting grampanchayat building of addevaripalli is not feasible to house the village secretariat. In those circumstances the tahsildar proposed and Ac.0.30 cents in Sy.No.584/2 of Yarradoddipalli Village which is centrally located for construction of Village Secretariat and accordingly proposals were sent to the commissioner Panchayat Raj Department through the 2nd Respondent.”
5. I respectfully submit that in pursuance of the proposals sent, the Commissioner Panchayatraj Vide Proceedings in ROC No.GWS01-COOR/207/2020-GWS (E.No.1306297) dated 03.06.2021 accorded permission for constructing village secretariat at Yarradoddipalli Village. Copy of the proceedings dated 03.06.2021 is filed herewith and the same may be read as part and parcel of this counter affidavit. From the above it is clear that after following the process the site in Yaradoddipalli Village was identified and commissioner has also accorded sanction/permission to construct village secretariat at Yarradoddipalli Village.
Therefore the Writ Petition is not maintainable and the same is liable to be dismissed.”
4. On the other hand, learned Standing Counsel for Respondent No.4 submitted latest written instructions furnished by the 4th Respondent wherein it is stated as under:
“It is humbly submitted that the Grama Sachivalayam building construction not started in Yerradoddipalle Village of Addavaripalle Grama Panchayath. The Raithu Seva Kendram
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and Health Center buildings are constructed and physically cokpleted in Addavaripalle Village, but those buildings are not handed over to Government. Presently Grama Sachivalayam running in old Grama Panchayath building at Addavaripalle Village of Kalikir Mandal.”
5. Considering the submissions of both the learned counsel and material placed on record as well as written instructions of the 4th respondent, the fact remains that pursuant to the proceedings of the District Collector dated 16.06.2021 and in view of interim orders of this Hon’ble Court dated 28.09.2020, no construction of Village Secretariat has been taken place at Yarradoddipalli Village and it is further stated that presently Grama Sachivalaym has been functioning / operating from old Grama Panchayath building at Addavaripalli Village of Kalikir Mandal only. 6. In view of admissions on the part of the respondents since the Village Secretariat is functioning from the old Grama Panchayat building at Addavaripalli Village of Kalikir Mandal whereas the respondents not acted upon pursuant to the orders of the 2nd respondent dated 16.06.2021 for shifting of Village Secretariat from Addevaripalli Village to Yarradoddipalli Village. Therefore, shifting of Village Secretariat was not happened due to no new construction was taken place at Yarradoddipalli Village. ::6::
While so, the same is functioning from old Grama Panchayat building at Addavaripalli Village. 7. In view of the above observations, no further orders are required to be passed in this Writ Petition. Accordingly, the Writ Petition is closed. Consequently, miscellaneous petitions, if any, pending in this writ petition shall stand closed. _________________________________ VENKATESWARLU NIMMAGADDA, J
DT: 19.09.2025 krk
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HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA
W,P.No.17350 of 2020
DT: 19.09.2025 krk
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