Jangili Venkatarama Rao Vs The State of Andhra Pradesh

JANGILI VENKATARAMA RAO, S/O CHINNAREDDAIAH, HINDU, AGED ABOUT 55 YEARS, OCC- CULTIVATION, R/O AKKAYAPALEM VILLAGE, VETAPALEM MANDAL, PRAKASAM DISTRICT.

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PULI ANKAMARAO, S/O RATHAIAH, HINDU, AGED ABOUT 31 YEARS, OCC- CULTIVATION, R/O AKKAYAPALEM VILLAGE, VETAPALEM MANDAL, PRAKASAM DISTRICT.

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NAKKALA YANADIRAO, S/O KOTAIAH, HINDU, AGED ABOUT 42 YEARS, OCC- CULTIVATION, R/O AKKAYAPALEM VILLAGE, VETAPALEM MANDAL, PRAKASAM DISTRICT.

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BUDA BRAHMAIAH, S/O VEERAIAH, HINDU, AGED ABOUT 63 YEARS, OCC- CULTIVATION, R/O AKKAYAPALEM VILLAGE, VETAPALEM MANDAL, PRAKASAM DISTRICT.

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...PETITIONER(S)

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AND

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THE STATE OF ANDHRA PRADESH, REP. BY ITS PRINCIPALE SECRETARY, PANCHAYATH AND RURAL DEVELOPMENT, SECRETARIATE, AMARAVATHI.

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THE COMMISSIONER, PANCHAYATRAJ AND RURAL DEVELOPMENT, GOVERNMENT OF ANDHRA PRADESH, TADEPALLI, GUNTUR DISTRICT.

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THE DISTRICT COLLECTOR PANCHAYATS, PRAKASAM DISTRICT,

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ONGOLE.

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THE DISTRICT PANCHAYAT OFFICER, PRAKASAM DISTRICT, ONGOLE.

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THE DIVISIONAL PANCHAYAT OFFICER, PANCHAYAT DIVISION ONGOLE, PRAKASAM DISTRICT.

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THE SPL OFFICERCUMMANDAL DEVELOPMENT OFFICER, AKKAYAPALEM GRAMA PANCHAYAT, VETAPALEM MANDAL, PRAKASAM DISTRICT.

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THE CHIEF EXECUTE OFFICER, PANCHAYAT RAJ DEPT, ONGOLE, PRAKASAM DISTRICT,

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THE MANDAL DEVELOPMENT OFFICER, VETAPALEM MANDAL,PRAKASAM DISTRICT.

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AKKAYAPALEM GRAMA PANCHAYAT, REP.BY ITS PANCHAYAT SECRETARY, AKKAYAPALEM, VETAPALEM MANDAL, PRAKASAM DISTRICT. RR 7 TO 9 ARE IMPLEADED AS PER C.O.DT.17.02.2020 IN I.A.2/20.

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...RESPONDENT(S):

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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 direction more perticularly one in the nature of Writ of Mandamus in de -laring the GO Ms.No.221, PR andRD (ER) Dept., dated 31.12.2019 issued by the 1st respondent for bifurcation of existing Akkayapalem Grama Pa Ichayat into 2 gram panchayats, viz,, Akkayapalem Panchayath and Lakshmipuram Panchayat without giving any notice or conducting any Grama Sabha Meetings and without following the due process of law as coitemplated under the Act is illegal, arbitrary and violative of Articals 14, 1E, 21 and 300A of Constitution of India and against principles of nautral ju'itice Consequantly direct the respondents not to form the new pE nchayats by following the impugend GO Ms.No.221, PR andRD (ER) Dept., dated 31.12.2019, issued by the 1st respondent

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IA NO: 1 OF 2020

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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

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pleased to su Tend the operation of impugned GO Ms.No 221, PR&RD (ER) Dept., dared 31.12.2019, pending disposal of the above writ petition

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IA NO: 2 OF 2020

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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 Implead the proposed Respondents Nos. 7 to 9 as party Respondents in WP No.265 of 2020 as well as in IA No.1 of 2020 as they are necessary and proper parties to edjudicate the issue and pass

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Counsel for the Petitioner(S):

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1.N A RAMACHANDRA MURTHY

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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 PANCHAYAT RAJ RURAL DEV (AP)

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3.V VINOD K REDDY (SC FOR ZP MPDO GP)

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The Court made the following:

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THE HONOURABLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

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WRIT PETITION NO:564/2020

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ORDER:

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The present writ petition is filed under Article 226 of the Constitution of India seeking following relief:

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“to issue a writ, order or direction more particularly one in the nature of Writ of Mandamus in declaring the G.O.Ms.No.221 PR&RD (ER) Dept dated 31.12.2019 issued by the 1^st respondent for bifurcation of existing Akkayapalem Grama Panchayat into 2 gram panchayats viz Akkayapalem Panchayath and Lakshmipuram Panchayat without giving any notice or conducting any Grama Sabha Meetings and without following the due process of law as contemplated under the Act is illegal, arbitrary and violative of Articles 14, 15, 21 and 300-A of Constitution of India and against principles of natural justice Consequently direct the respondents not to form the new panchayats by following the impugned G.O.Ms.No.221, PR&RD (ER) Dept., dated 31.12.2019 issued by the 1^st respondent and pass such other order or orders…”

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The case of the petitioners is that the petitioners herein assailed G.O.Ms.No.221, PR&RD (ER) Dept., dated 23.12.2019 on the ground that the Akkayapalem Gram Panchayat was bifurcated into two Gram Panchayats i.e., Akkayapalem Panchayat and Lakshmipuram Panchayat without issuing any notice and without conducting any Grama Sabha as contemplated under the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and Rules made thereunder. Hence, the writ petition.

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Heard learned counsel for the petitioners and learned Government Pleader for Panchayat Raj and Rural Development for the respondents.

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Learned counsel for the petitioners submits that the subject matter fell for consideration in another writ petition vide W.P.No.96 of 2020, wherein, this Court vide order dated 21.10.2024 allowed the writ petition by setting aside the G.O.Ms.No.221 dated 23.12.2019. Hence, the learned counsel for the petitioners requested to allow this writ petition on similar grounds.

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For better understanding, the operative portion of the order dated 21.10.2024 passed by this Court in W.P.No.96 of 2020 is extracted hereunder:

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“As rightly contended by learned senior counsel, when a notice was issued calling for objections and when it is disputed by the petitioner herein no Grama Sabha was conducted and not awaiting for the period specified in the show cause notice, it amounts to violation of principles of natural justice. Therefore, the order impugned is liable to be set aside and accordingly it is set aside. The Village Secretary of Kothapeta is hereby directed to conduct Grama Sabha, after giving opportunity to the villagers of Kothapeta to submit objections and the same may be communicated to the concerned respondents within a period of three weeks from the date of receipt of the order and on receiving such objections from the Panchayat Secretary of Kothapeta, the 1st respondent is hereby directed to take decision in accordance with law.

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Accordingly, the Writ Petition is allowed and the impugned G.O.Ms.No.221 dated 23.12.2019 is hereby set aside. However, no costs.”

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On the other hand, learned Government Pleader for the respondents

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does not refute the submission made by the learned counsel for the petitioner.

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Considering the submissions made and in view of the orders dated 21.10.2024 passed by this Court in W.P.No.96 of 2020, the present writ petition is allowed, in terms of the orders dated 21.10.2024 passed by this Court in W.P.No.96 of 2020. There shall be no order as to costs.

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Consequently, Miscellaneous Petitions, if any, pending in the writ petition shall stand closed.

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Registry is directed to attach a copy of the order dated 21.10.2024 passed by this Court in W.P.No.96 of 2020, to this order.

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________________________________ VENKATESWARLU NIMMAGADDA, J

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18.08.2025 BSP

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