APHC010049922020 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: 2963/2020 Between: 1. VADACHARLA KRISHNA REDDY,, S/O.RAMI REDDY, AGED ABOUT 37 YEARS, OCC. EX-PANCHAYAT MEMBER, R/O. KOTANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. 2. VENNA NARAYANA REDDY,, S/O PITCHI REDDY, AGED ABOUT 51 YEARS, OCC. NIL, R/O. KOTANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. 3. DEVIREDDY VENKATA RAMANA REDDY,, S/O. RAMI REDDY, AGED ABOUT 58 YEARS, OCC. EX-SARPANCH, RIO. KOTANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. 4. TIRUMALAPALLI SRIRAMULU, S/O. SAMBAIAH, AGED 62 YEARS, OCC. EX-SARPANCH, R/ O. KOTANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. 5. PALLA VENKATESWARLU,, S/0. VENKATAPPAIAH, AGED ABOUT 54 YEARS, OCC. EX-PANCHAYAT MEMBER, R/O. KOTANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. 6. VENNA SUBBA REDDY,, S/O. BAKKIREDDY, AGED ABOUT 74 YEARS, OCC. AGRICULTURE, R/O. KOTANEMALIPURI VILLAGE, RAJUPALEM MANDAL, GUNTUR DISTRICT. 7. VENNA VENKAT REDDY,, S/ O YOGI REDDY, AGED 48 YEARS, OCC. BUSINESS, RF O. KOTANEMALIPURI VILLAGE, RAJUPALEM 2 MANDAL, GUNTUR DISTRICT. ...PETITIONER(S) AND 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT, SECRETARIAT, VELAGAPUDI, AMARAVATHI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYATI RAJ AND RURAL DEVELOPMENT DEPARTMENT PVS ICON, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT PANCHAYAT OFFICER, GUNTUR, GUNTUR DISTRICT. 4. THE SPECIAL OFFICER, KOTANEMALIPURI GRAM PANCHAYAT, RAJUPALEM MANDAL, GUNTUR DISTRICT. 5. THE PANCHAYAT SECTRETARY, KOTANEMALIPURI GRAM PANCHAYAT, RAJUPALEM MANDAL, GUNTUR 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 topleased to issue a writ, order or orders more particularly one in the nature of writ of Mandamus challenging the G.O.Ms.No.180, dt. 31-12-2019 of the 1st Respondent wherein Kotanemalipuram Gram Panchayat and Village is being bifurcated into Kondamodu Gram Panchayat and Village and Kotanemalipuram Gram Panchayat and Village without holding a gram sabha in accordance with Section 6 of the A.P. Gram Panchayat Act, 1994 as illegal, arbitrary, unconstitutional and violative of Sec.3 and See.6 of A.P. Gram Panchayat Act, 1994, without giving reasons in violation of Proviso to Clause 9 of G.O.Ms.No.542, dt. 03-12-2007 and without considering the revision filed under Clause 10 of G.O.Ms.No.542, dt. 03-12-2007 and to consequently set aside the resolution No.1 dt. 21- 12-2019 of Kotanemalipuram Gram Panchayat by the 4th and 5th Respondents herein in the interest of justice IA NO: 1 OF 2020 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 to 3 direct the 2nd Respondent herein to consider the Revision filed by the Petitioners herein under G.O.Ms.No.542, dt. 03-12-2007 and till such time to stay the G.O.Ms.No.180, dt. 31-12-2019 of the 1st Respondent pending disposal of the above writ petition IA NO: 2 OF 2020 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 stay all further proceedings in G.O.Ms.No.180, dt. 31-12-2019 of the 1St Respondent till a gram sabha is held by the 4th and 5th Respondents for Kotanemalipuram Gram Panchayat wherein the residents of both Kotanemalipuram and Kondamodu Villages to place all their objections and thereupon the 4th and 5th Respondents to pass a reasoned resolution pending disposal of the above writ petition IA NO: 3 OF 2020 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 prayed that this Hon'ble Court may be to stay the gram sabha resolution passed on 21-12-2019 by the 4th and 5th Respondents bifurcating Kotanemalipuram Gram Panchayat and Village into Kondamodu Gram Panchayat and Village and Kotanemalipuram Gram Panchayat and Village Consequently direct the 4th and 5th Respondent to again hold the said gram sabha by allowing the residents of both Kotanemalipuram and Kondamodu Villages to place all their objections and thereupon the 4th and 5th Respondents to pass a reasoned resolution pending disposal of the above writ petition Counsel for the Petitioner(S): 1. B MAYUR REDDY Counsel for the Respondent(S): 1. KOTI REDDY IDAMAKANTI (SC FOR ZPP MPP AND GRAM PAN) 2. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: 4 THE HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2963/2020 ORDER: This writ petition is filed under Article 226 of the Constitution of the India seeking the following reliefs:- “to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus challenging the G.O.Ms.No.180, dated 31.12.2019 of the 1st respondent wherein Kotanemalipuri Gram Panchayat and Village is being bifurcated into Kondamodu Gram Panchayat and Village and Kotanemalipuri Gram Panchayat and Village without holding a gram sabha in accordance with Section 6 of the A.P. Gram Panchayat Act, 1994 as illegal, arbitrary, unconstitutional and violative of Sec.3 and Sec.6 of A.P. Gram Panchayat Act, 1994, without giving reasons in violation of Proviso to Clause 9 of G.O.Ms.No.542, dated 03.12.2007 and without considering the revision filed under Clause 10 of G.O.Ms.No.542, dated 03.12.2007 and to consequently set aside the resolution No.1 dated 21.12.2019 of Kotanemalipuri Gram Panchayat by the 4th and 5th respondents and pass such other order.” 2. Even though the matter is posted to today under the caption ‘for dismissal’, there is no representation on behalf of the petitioners. 3. Learned counsel for the respondents submits that the challenge in this Writ Petition is bifurcation of Kotanemalipuri Gram Panchayat into Kondamodu and Kotanemalipuri Gram Panchayats vide G.O.Ms.No.180 dated 31.12.2019. Initially, on 26.08.2020, this 5 Court passed an interim order staying the impugned G.O.Ms.No.180 dated 31.12.2019. 4. Pending the Writ Petition, the respondents filed counter- affidavit, wherein it is stated that the 2nd respondent issued a show- cause notice dated 12.12.2019 calling for objections if any for creation of the Kondamodu Gram Panchayat. Pursuant to the same the 4th respondent conducted Gram Sabha on 21.12.2019 and passed a resolution expressing their willingness to create the Kondamodu Gram Panchayat and the same was sent to the 3rd respondent for taking further action. After considering the resolutions and report, Kondamodu Gram Panchayat was created vide G.O.Ms.No.180 dated 31.12.2019. Further, the petitioners never raised any objections in the gram sabha. The procedure has been followed as per the rules. 5. Learned counsel for the respondents further submits that Kotanemalipuri Gram Panchayat was already bifurcated and the same is functioning as Kondamodu Gram panchayat and Kotanemalipuri Gram Panchayat, since 2020. In view of the constitution and functioning of the Gram Panchayat, the present Writ Petition becomes infructuous. 6. Accordingly, the Writ Petition is dismissed as infructuous. There shall be no order as to costs. 6 As a sequel miscellaneous application, pending, if any, shall also stand closed. ________________________________ VENKATESWARLU NIMMAGADDA, J 09.09.2025 TTPPSS 7 359 HON’BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NO: 2963/2020 09.09.2025 TTPPSS