Guttula Somachandra Rao, Vs The State of Andhra Pradesh

GUTTULA SOMACHANDRA RAO,, S/O G. NARASIMHA MURTHY, AGED 61 YEARS, OCC EX. SARPANCH, MUNGANDAPALEM GRAMPANCHAYAT, R/O H.NO. 2-60, GAJULA GUNTA, MUNGANDAPALEM VILLAGE, P. GANNAVARAM MANDAL, EAST GODAVARI DISTRICT. ...PETITIONER

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AND

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THE STATE OF ANDHRA PRADESH, PANCHAYAT RAJ AND RURAL DEVELOPMENT DEPARTMENT, REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, A.P. SECRETARIAT, AMARAVATHI, THULIUM MANDAL, GUNTUR DISTRICT.

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THE COMMISSIONER PANCHAYAT RAJ AND RURAL DEVELOPMENT, A.P. TADEPALLI, GUNTUR DISTRICT.

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THE DISTRICT PANCHAYAT OFFICER, EAST GODAVARI DISTRICT AT KAKINADA.

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THE MANDAL PAIISHAD, DEVELOPMENT OFFICER, P. GANNAVARAM MANDAL, EAST GODAVARI DISTRICT.

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MUNGANDAPALEM GRAMPANCHAYAT, REP. BY ITS SPECIAL OFFICER/ PANCHAYAT SECRETARY, P. GANNAVARAM MANDAL, EAST GODAVARI DISTRICT.

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R YENUGUPALLI GRAMPANCHAYAT, REP. BY ITS SPECIAL OFFICER/ PANCHAYAT SECRETARY, P. GANNAVARAM MANDAL, EAST GODAVARI DISTRICT

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...RESPONDENT(S):

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This Court made the following ORDER :-

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This writ petition is filed under Article 226 of the Constitution

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of India seeking the following relief:

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“to issue a Writ, order or direction more particularly one in the nature of Writ of Mandamus declaring the action of the Commissioner/ 2 respondent in changing location of Village Secretariat (Grama Sachivalayam) from existing the Office of Mungandapalem Grampanchayat/ 5th respondent to the Office of R. Yenugupalli Grampanchayat/ 6th respondent, as biased, arbitrary and illegal and consequently set aside in so far as S.No. 9 of the impugned Proceedings No. 751/CPR and RD/S/2019, dated 10-01-2020 of the Commissioner/ the 2^nd respondent holding that the same is contrary to his Circular Memo. No. 575/CPR and RD/S/2019, dated 29-06-2019 and G.O.Ms. No. 110 Panchayat Raj and Rural Department dated 1907-2019 to meet the ends of justice.....”

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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 respondent Nos.5 and 6.

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The case of the petitioner is that the respondent No.2/Commissioner is trying to shift/change the location of the Village Secretariat (Grama Sachivalayam) from the existing office of Mungandapalem Grampanchayat/5^th respondent to the office of R. Yenugupalli Grampanchayat/6^th respondent. The population of Mungandapalem Grampanchayat is 1,681 people and R.

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Yenugupalli Grampanchayat is 1,258 people, both being less than 2,000.

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The learned counsel for the petitioner submits that no public meeting/Grama Sabha was conducted before changing/shifting the existing office, nor was any resolution was passed by the Mungandapalem Grampanchayat. The 4^th respondent is taking coercive steps to shift the furniture from Mungandapalem to R. Yenugupalli Grampanchayat pursuant to the impugned proceedings dated 10.01.2020 issued by the 2^nd respondent. He further submits that the said impugned proceedings of the 2^nd respondent for shifting/changing the location of the Village Secretariat from Mungandapalem Gram Panchayat to R. Yenugupalli Gram Panchayat, is contrary to Circular Memo No. 575/CPR and RD/S/2019 dated 29.06.2019 and G.O.Ms. No. 110, Panchayat Raj and Rural Development Department, dated 19.07.2019. Hence, the present writ petition.

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5 . He further submits that, as per the object of G.O.Ms. No. 110, respondent No.1 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 Village

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Secretariats. As per the terms of G.O.Ms. No. 110, the headquarters of the Village Secretariats are to be established in villages having a population of more than 2,000 people but less than 4,000 people. The entire Gram Panchayat is to be treated as one unit, and one team of Functional Assistants will be provided. In the case of smaller Gram Panchayats with a population of less than 2,000 people, one team of Functional Assistants will provide services for one or more Gram Panchayats so as to cater to the needs of a population of about 2,000 people, for administrative convenience.

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On the other hand, the learned Government Pleader 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 Circular Memo dated 29.06.2019. She further submits that, after considering all aspects, the District Administration sent a proposal to shift the headquarters of Village Secretariat from Mungadapalem Gram Panchayat to R. Yenugupalli village, which was in turn submitted to the Government. Upon consideration, the Government permitted the

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Commissioner/2nd respondent, vide Memo dated 06.01.2020, to shift the headquarters of the Village Secretariat from Mungadapalem to R. Yenugupalli. Accordingly, vide proceedings dated 10.01.2020 and as per the instructions of the Government, the headquarters of the Village Secretariat was shifted from Mungadapalem to R. Yenugupalli village on 23.01.2020. Therefore, interference by this Court under Article 226 of the Constitution of India is not warranted.

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Considering the submissions made by both the learned counsel and in view of the counter affidavit filed by the 2^nd respondent, it appears that Village Secretariats are to be established by clubbing two or more Gram Panchayats wherever the population is less than 2,000 each. 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 and less than 4,000. Admittedly, in the present case, the existing Gram Panchayat building in Mungadapalem is very small and insufficient to accommodate the staff, systems, furniture, and other equipment. Further, no other Government building is available in the Mungadapalem Gram Panchayat. Therefore, the District

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Administration proposed to change the headquarters of the Village Secretariat office to the Gram Panchayat office at R. Yenugupalli, which is a larger building is available and sufficient to run the office, unlike the Mungadapalem Gram Panchayat building.

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As contended by the learned counsel for the respondents, since a Gram Panchayat building is available at R. Yenugupalli Gram Panchayat, it is more convenient to establish a new Village Secretariat headquarters therein, thereby enabling services to be rendered to the citizens immediately. On the other hand, in Mungadapalem village, there is no suitable building for establishing a Village Secretariat, and setting it up it would take considerable time and requires renting premises, thereby burdening the public exchequer. Hence, the decision to establish the new Secretariat at R. Yenugupalli Gram Panchayat is valid, reasonable, and sustainable.

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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 any administrative decision of an executive authority is at it is within its wisdom and its domain. As such, establishment of Village Secretariats, ensuring better

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administration and achieving the objective of providing various Government services at the doorsteps of villagers in the utmost criteria. Therefore, after weighing the pros and cons, and considering the availability of a permanent Gram Panchayat office building at R.Yenugupalli Gram Panchayat, respondent No. 2 had rightly decided to establish the headquarters of the Village Secretariat there itself. In fact there is no allegations of any mala fides or extraneous considerations. Therefore, the decision of respondents cannot be faulted for one or sole reason as long as it is serving public purpose.

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In the absence of any mala fides, unfair or perverse intention, or arbitrariness attributable to the decision of respondents, the decision to establish the Village Secretariat at R.Yenugupalli Gram Panchayat cannot be interfered with. Therefore, the same cannot be disturbed at this stage 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 lacks merit and accordingly, the writ petition is dismissed. No costs.

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As a sequel, interlocutory applications if any pending, shall

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stand closed.

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_____________________________________ JUSTICE VENKATESWARLU NIMMAGADDA

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20.08.2025 klk

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