B Rama Murthi Nayak Vs The state of Andhra Pradesh

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 an appropriate Writ, Order or Direction more particularly one in the nature of Writ of Mandamus declaring the GOMS NO 63 dated 20-2-2019 issued by the 1st respondent as illegal, arbitrary and violation of principles of natural justice and violation of Rule 11 of Andhra Pradesh Gram Panchayats (Declarationof villages) Rules, 2007 and set aside the same so far as constituting Naniyala Thanda of Ramakuppam Mandal Chittoor District as new Gram Panchayath consisting of Naniyala Thanda and Ramapuram Thanda is concerned and consequently direct the respondents to constitute Ramapuram Thanda as a separate new gram panchayath in the interest of justice and pass.

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Counsel for the Petitioner(S):

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1.CH B R P SEKHAR

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Counsel for the Respondent(S):

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1..

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2.GP FOR PANCHAYAT RAJ RURAL DEV (AP)

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W.P.No.1511 of 2020

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Between:

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B RAMA MURTHI NAYAK, S/O THULASI NAYAK HINDU AGED ABOUT 50 YEARS, OCCU. AGRICULTURE R/O RAMAPURAM THANDA, 89 PEDDUR, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT.

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B MUNA NAYAK, S/O KUPPA NAYAK, HINDU AGED ABOUT 38 YEARS, OCCU.AGRICULTURE R/O RAMAPURAM TANDA, 89 PEDDUR RAMAKUPPAM MANDAL, CHITTOOR DISTRICT

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP BY ITS PRINCIPAL SECRETARY PANCHAYATRAJAND RURAL DEVELOPMENT DEPARTMENT, AT SECRETARIAT,VELAGAPUDI, AMARAVATHI, ANDHRA PRADESH.

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THE COMMISSIONER PANCHAYATH RAJ AND RURAL DEVELOPMENT, , GOVERNMENT OF ANDHRA PRADESH, PVS ICON, TADEPALLI, GUNTUR DISTRICT.

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THE DIRECTOR PANCHAYATH RAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, SRI CHARITHA SRI BUILDINGS, NAKKAL ROAD, SURYARAOPETA VIJAYAWADA.

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THE DISTRICT COLLECTOR, , CHITTOOR DISTRICT,

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CHITTOOR.

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THE DISTRICT PANCHAYATH OFFICER, , CHITTOOR DISTRICT, CHITTOOR.

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THE DIVISIONAL PANCHAYATH OFFICER, MADANAPALLI, CHITTOOR DISTRICT.

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THE GRAM PANCHAYATH, , 89 PEDDURU, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT, REPRESENTED BY ITS SECRETARY.

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THE GRAM PANCHAYATH, , NANIYALA THANDA, RAMAKUPPAM MANDAL, CHITTOOR DISTRICT, REPRESENTED BY ITS SECRETARY.

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THE ANDHRA PRADESH STATE ELECTION COMMISSION, , REP BY ITS COMMISSIONER, OPP INDIRA GANDHI MUNICIPAL STADIUM, M G ROAD,VIJAYAWADA.

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...RESPONDENT(S):

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Counsel for the Petitioner(S):

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1.BONE RAMA SHANKAR RAO

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Counsel for the Respondent(S):

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1.VENKATA REDDY GAJJALA SC FOR ZPP, MPP, AND GRAM PANCHAYAT

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2.GP FOR REVENUE

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3.SC FOR STATE ELECT COMM V VPRABHAKAR RAO

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4.GP FOR PANCHAYAT RAJ RURAL DEV (AP)

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5

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA WRIT PETITION NOs: 21487 of 2019 & 1511 of 2020

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Since the issue involved in these two writ petitions is one and

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the same, this Court inclined to pass the following COMMON ORDER :

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The case of the petitioners herein is that they are permanent residents of Ramapuram Thanda village, which is consisting of total population of 454, whereas neighbouring Naniyala Thanda is having population of 349. While so, the 1^st respondent issued G.O.Ms.No.63, Panchayat Raj and Rural Development (E&R) Department, dated 20.02.2019 proposing for constitution of new Thanda / Tribal habitations and also proposed for constitution of new Gram Panchayat by merging the Ramapuram Thanda with the Naniyala Thanda in the name of Naniyala Thanda Gram Panchayath. The said action of the respondents is contrary to the Rules of Andhra Pradesh Gram Panchayats (Declaration of Villages) Rules, 2007. Hence the Writ Petition.

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3. After hearing the writ petition along with batch of writ petitions, initially this Hon’ble Court was pleased to pass an interim order dated 13.03.2020 by staying all further proceedings pursuant to the said G.O.Ms.No.63 issued by the 1^st Respondent. Learned counsel for

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the petitioners submits that pursuant to the interim directions of this Hon’ble Court, respondent authorities did not proceed further and no new Gram Panchayat of Nainiyala Thanda was constituted. As such, the original Ramapuram Thanda is continuing as hamlet or part of village within the jurisdiction of Pedduru Gram Panchayat.

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4. The 5^th respondent in W.P.No.21487 of 2019 filed counter and

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stated as under:

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“5.It is submitted that again the Commissioner, PR&RD., AP., Vijayawada in his Memo.No.874075/CPR&RD/D1/2019, dated 24.09.2019 has directed to submit specific remarks in the matter. As per the said instructions the Divisional Panchayat Officer, Chittoor was appointed as enquiry officer to conduct fresh enquiryon the appeal filed by the villagers of Ramapuam Thanda. The Divisional Panchayat Officer, Chittoor had conducted detailed enquiry into the dispute of formation of new Gram Panchayats by name Naiyala Thanda on 06.12.2019 and submitted that, as per the Gazette notification published as per G.O.Ms.No.63, PR&RD (E&R), dated 20.02.2019, a new gram Panchayat by name “Naniyala Thanda” constituted, duly bifurcating 89pedduru Gram Panchayat in Ramakuppam Mandal. As per orders the new Gram Panchayat consists of the following villages.

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S.No.	Village Name	Population as per
		2022 census
01.	Naniyala Thanda	349
02.	Ramapuram Thanda	454

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It is submitted that now the dispute arose due to the representation of Ramapuram Thanda Villagers having more population to name the newly constituted Gram Panchayat as Ramapuram Thanda and to hav the headquarters of the new Gram Panchayat at Ramapuram Thanda for their conveniences. The villagers of Naniyala Thanda wanted to continue the new Gram Panchayat in the name of their village as already notified by the Government.”

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5. Learned Government Pleader submits that in view of report

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submitted by respondent Nos.5 and 6 pursuant to the request of the

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villagers of Ramapuram Thanda as well as Naniyala Thanda, the

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respondent authorities have decided to constitute two separate Gram Panchayats i.e., (1) Naniyala Gram Panchayat and (2) Ramapuram Gram Panchayat.

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6. Considering the submission made by learned Government Pleader for Respondent Nos.5 and 6, this Court is of the considered view that these Writ Petitions can be disposed of directing the Respondent Nos.1 to 5 herein to proceed further as stated in the counter affidavit and take all the required steps for constituting two separate Gram Panchayats as Ramapuram as well as Naniyala Gram Panchayats as assured in counter-affidavit of Respondent No.5 by following due procedure as contemplated under the provisions of Panchayat Raj Act and also Andhra Pradesh Gram Panchayat (Declaration of Villages) Rules, 2007 and complete the entire exercise as expeditiously as possible.

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7. With the above directions, these Writ Petitions are disposed of. No costs.

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Miscellaneous Petitions, if any, pending in this Writ Petition shall stand closed.

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_____________________________________ VENKATESWARLU NIMMAGADDA,J

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21.08.2025 KRK

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA