APHC010056052020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI (Special Original Jurisdiction) [3331] MONDAY,THE SECOND DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3387/2020 Between: 1. KARRI NOOKA RAJU,, S/O.RAM MURTHY AGED ABOUT 58 YRS, R/O.CHEEDIKA KOTHURU, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT 2. UGGANA APPA RAO,, S/O.APPANNA AGED ABOUT 45 YRS, R/O.CHEEDIKA KOTHURU, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT 3. PAPPU BABJI,, S/O.RAMULU, AGED ABOUT 45 YRS, R/O.CHEEDIKA KOTHURU, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT 4. VEDDULLA RAJU,, S/O.APPA RAO AGED ABOUT 48 YRS, R/O.CHEEDIKA KOTHURU, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT 5. V.NARASINAGA RAO,, S/O.ATHCI RAJU AGED ABOUT 48 YRS, R/O.CHEEDIKA KOTHURU, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT 6. VEDDULLA NOOKARAJU,, S/O.THALUPULU, AGED ABOUT 60 YRS, R/O.CHEEDIKA KOTHURU, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT ...PETITIONER(S) AND p. 2 SRS,J W.P.No.3387 of 2020 1. THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPAL SECRETARY PANCHAYATH RAJ AND RURAL DEVELOPMENT, (EANDR) SECRETARIAT, VELAGAPUDI, AMRAVATI, GUNTUR DISTRICT. 2. THE COMMISSIONER, PANCHAYATH RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF A.P. TADEPALLI, GUNTUR DISTRICT. 3. THE DISTRICT COLLECTOR, VISAKHAPATNAM DISTRICT. 4. THE DISTRICT PANCHAYATH OFFICER, PANCHAYATH DIVISION, VISAKHAPATANAM DISTRICT. 5. THE SPECIAL OFFICER, DOSALAPADU GRAM PANCHAYATH, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT. 6. THE DOSALAPADU GRAM PANCHAYATH, BY ITS SECREATARY, NAKKAPALLI MANDAL, VISAKHAPATANAM DISTRICT. 7. THE EXPANSION OFFICER PRANDRD, NAKKAPALLI MANDAL, VISAKHAPATANAM 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 toto issue a writ order or direction more particularly one a Writ in the Nature of Mandamus by declaring the GOMs.No. 222 Panchayath Raj and Rural Development (E and R) Department dt. 13.01.2020 issued by the 1st Respondent without considering the resolution passed by the respondent 5 and 6 dt.19.12.2019 as being illegal, arbitrary, unjust and principal of natural justice and consequently set-aside the same and pass 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 suspend the GOMs.No. 222 Panchayath Raj and Rural Development (E and R) Department dt. 13.01.2020 issued by the 1st Respondent, and pass p. 3 SRS,J W.P.No.3387 of 2020 IA NO: 1 OF 2024 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 grant leave to the petitioner herein /respondent No.7 in WPNo. 3387 of 2020tofile counter affidavit in the above writ petition and pass Counsel for the Petitioner(S): 1. A S C BOSE Counsel for the Respondent(S): 1. GP FOR REVENUE 2. N SRIHARI (Standing Counsel for ZPP MPP and GRAM PANCHAYAT) 3. GP FOR PANCHAYAT RAJ RURAL DEV (AP) The Court made the following: :: ORDER :: Heard Sri Posani Venkateswarlu, learned Senior Counsel assisted by Akaash, learned counsel for the petitioners, Sri P. Rajesh, learned Assistant Government Pleader for Panchayat Raj, for respondents 1 to 4 and Sri Chaitanya, learned counsel representing Sri Y. Koteswara Rao, learned standing counsel for respondents 5 to 7. 2. The above writ petition was filed impugning G.O.Ms.No.222 Panchayat Raj and Rural Development (E & R) Department dated 13.01.2020 issued by respondent No.1, constituting Cheedika Village as a new Gram Panchayat duly bifurcating it from Dosalapadu Gram Panchayat, Nakkapalli (M), Visakhapatnam District, without considering the resolution, dated 19.12.2019 passed by respondents 5 and 6, as illegal and arbitrary. 3. A counter affidavit was filed on behalf of respondent No.4. In para No.3 of the counter, it was contended, inter alia, that after submission of the p. 4 SRS,J W.P.No.3387 of 2020 proposals by respondent No.4 to respondent No.2 vide Lr.Rc.No.351177/2019 A1 dated 20.12.2019, the petitioners requested on 30.12.2019 to combine Cheedika and Cheedika Kothuru village and constitute them as a new Gram Panchayat. By the time the petitioners submitted the request, the earlier proposals were already submitted to respondent No.2. The petitioners’ representations, dated 09.12.2019 and 30.12.2019, are under examination of respondent No.4. A detailed report was forwarded to respondent No.7. Soon after receipt of a report from respondent No.7, a further action will be initiated. b) In para No.7 of the counter affidavit, it was pleaded that the bifurcation of Cheedika Gram Panchayat from Dosalapadu Gram Panchayat was done based on the resolutions passed by the Gram Panchayats. 4. A separate counter affidavit was filed on behalf of respondent No.7. It was contended, inter alia, that respondent No.7 had passed a resolution on 19.12.2019 about the bifurcation of the subject village. However, there was no direction from the concerned authorities to commence the proceedings in pursuance of the said resolution, and the Gram Panchayat is not competent; the District Collector is competent to initiate action regarding the bifurcation of villages. 5. Learned Senior Counsel would submit that initially, a resolution was passed by respondent No.5 on 04.12.2019 (Ex.P2), to bifurcate Cheedika Village from Dosalapadu Gram Panchayat and to form a separate Cheedika Gram Panchayat. Thereafter, another resolution was passed on 09.12.2019 vide Ex.P9, to bifurcate Cheedika and Cheedika Kothur Villages from Dosalapadu Gram Panchayat and to form Cheedika Gram Panchayat. Despite Ex.P9, resolution, respondent No.1 issued G.O.Ms.No.222 dated 13.01.2020, forming Cheedika village, alone as a new Gram Panchayat by bifurcating from Dosalapadu Gram Panchayat. Learned Senior Counsel would submit that p. 5 SRS,J W.P.No.3387 of 2020 while issuing G.O.Ms.No.222, dated 13.01.2020, the authority failed to consider Ex.P9, the resolution. 6. Learned Assistant Government Pleader for Panchayat Raj and learned standing counsel for respondent No.7 reiterated the contentions as per the averments of the counter-affidavits. 7. The writ petition was listed on 14.02.2020, no interim order was passed and pending the writ petition, respondent No.1 issued UO Note No. 989335 / GAD01 - AROENS (PNPR)/6/2019-AR, dated 27.07.2025, regarding the freezing of boundaries of Administrative Units. In para No.2, it was mentioned as follows: “2. They are informed that the Registrar General and Census Commissioner, India, Ministry of Home Affairs, Government of India has issued instructions regarding the freezing of boundaries of administrative units for Census 2027 and specifically that all proposals for creation, deletion, or modification of administrative units (Municipal Corporations, Municipalities, Revenue Villages, Mandal, Districts, etc.) shall be finalized and given effect to on or before 31-12-2025. Further the boundaries of the administrative units will be frozen as on 01-01-2026 and shall remain unchanged during the period 01-01-2026 to 31-03-2027, in order to ensure complete coverage and avoid duplication or omission during Census operations.” 8. Thus, as seen from the memo issued by respondent No.1, pending the writ petition, the administrative units were frozen from 01.01.2026 to 31.03.2027. No doubt, as contended by the learned Senior Counsel for the petitioners, the petitioners’ representation dated 03.12.2019 and the resolution dated 09.12.2019 (Ex.P9) were not considered. Page 6 of 7 SRS,J W.P.No.3387 of 2020 9. However, in view of the memo issued by respondent No.1, extracted supra, pending the writ petition, whereby the Government has taken a policy decision to freeze the administrative units from 01.01.2026 to 31.03.2027, no further orders can be passed at this juncture. 10. Given the above discussion, this writ petition is disposed of, giving liberty to the petitioners to make a fresh request as and when the cause of action arises. If the petitioners make such a request, respondents 2 to 4 shall consider the same and pass appropriate orders strictly in terms of G.O.Ms.No.542 dated 03.12.2007. No costs. As a sequel, pending miscellaneous petitions, if any, shall stand closed. ___________________________ JUSTICE SUBBA REDDY SATTI Date: 02.03.2026 IKN p. 7 SRS,J W.P.No.3387 of 2020 THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 3387 of 2020 Date: 02.03.2026 IKN