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2020 Supreme(AP) 16
IN THE HIGH COURT OF ANDHRA PRADESH, AMARAVATI
U. Durga Prasad Rao, J.
Smt. Ravipati Nagasarala, W/o. Krishna Prasad & Ors. - Petitioners
Versus
State of Andhra Pradesh & Ors. - Respondents
W.P. No.1504 of 2020
Decided On : 08-05-2020
For the Petitioners: Sri. N. Srirama Murthy
For the Respondents: learned Government Pleader for Panchayat Raj, Sri I.Koti Reddy
Point of Law: It is evident from the above that it is neither within the domain of the Courts nor the scope of the judicial review to embark upon an enquiry as to whether a particular public policy is wise or whether better public policy can be evolved. Nor are our Courts inclined to strike down a policy at the behest of a petitioner merely because it has been urged that a different policy would have been fairer or wiser or more scientific or more logical
Headnote:
Constitution of India - Article 243-G - Petitioners crave for Writ of Mandamus declaring the action of the 2nd respondent in issuing proceedings according permission to change the location of Village Secretariat from Abbineniguntapalem village to Gorijavoluguntapalem village, Pedanandipadu Mandal, Guntur District, as illegal, arbitrary, contrary to law and principles of natural justice and consequently quash the aforesaid proceedings – Held, It is contended on behalf of petitioners that in the impugned proceedings the 2nd respondent has not assigned any reasons for permitting to shift the Village Secretariat from A.Palem to G.Palem and, therefore, the order suffers the vice of being not a reasoned order. This argument, in my view is not a formidable one for the reason that G.O.Ms.No.110 is silent as to the place of operation of functional team who extend their services for both a larger Gram Panchayat and a small Gram Panchayat as well. In such an event the Government can, for the convenience of the public relocate the Village Secretariat. It is only when the G.O. or any statute stipulates a particular place for the functioning of functional assistants then the respondents shall give cogent and plausible reasons for shifting of the place, that it not the case here. Thus on a conspectus of facts and law, I find no merits in the writ petition. Accordingly, the writ petition is dismissed
Facts of the Case:
Finding of the Court:
It is contended on behalf of petitioners that in the impugned proceedings the 2nd respondent has not assigned any reasons for permitting to shift the Village Secretariat from A.Palem to G.Palem and, therefore, the order suffers the vice of being not a reasoned order. This argument, in my view is not a formidable one for the reason that G.O.Ms.No.110 is silent as to the place of operation of functional team who extend their services for both a larger Gram Panchayat and a small Gram Panchayat as well. In such an event the Government can, for the convenience of the public relocate the Village Secretariat. It is only when the G.O. or any statute stipulates a particular place for the functioning of functional assistants then the respondents shall give cogent and plausible reasons for shifting of the place, that it not the case here. Thus on a conspectus of facts and law, I find no merits in the writ petition.
Result: writ petition is dismissed
ORDER :
The petitioners crave for Writ of Mandamus declaring the action of the 2nd respondent in issuing proceedings No.751/CRP&RD/2019 dated 29.12.2019 according permission to change the location of Village Secretariat from Abbineniguntapalem village to Gorijavoluguntapalem village, Pedanandipadu Mandal, Guntur District, as illegal, arbitrary, contrary to law and principles of natural justice and consequently quash the aforesaid proceedings.
2. The petitioners’ case is thus:
(a) Abbineniguntapalem (for short “A.Palem”) village consists of 2435 voters. In the said village, the Village Secretariat was established as per G.O.Ms.No.110 dated 19.07.2019 issued by 1st respondent. From 02.10.2019 the Village Secretariat was functioning. While so, Gorijavoluguntapalem (for short “G.Palem”) village is at a distance of 1 KM from A.Palem village and the population of said village is 1013. As per G.O.Ms.No.110, population between 2000 and 4000 is taken as the base for location of Village Secretariat. As G.Palem is having less than 2000 population, the said village was directed to be functioned through the Village Secretariat of A.Palem. 20 village volunteers were appointed to the Village Secretariat in August, 2019 basing on population, 14 were allotted to A.Palem and 6 to G.Palem Gram Panchayat. They were all paid salaries from August, 2019 by the Village Secretariat established in A.Palem. So also, nine functional assistants were also appointed to the Village Secretariat in October, 2019. One Purnachandra Rao was appointed as Drawing and Disbursing Officer by the 4th respondent. Bank account was also opened with Bank of Baroda, Pedanandipadu Branch for Village Secretariat, A.Palem.
(b) Further, A.Palem village is abutting main road leading from Guntur to Pedanandipadu. Whereas G.Palem is at a distance of 1½ KMs from the said road and it is difficult to go to G.Palem from A.Palem for the daily needs.
(c) While so, 2nd respondent issued proceedings No.751/CRP&RD/S2019 dated 29.12.2019 according permission to change the location of Village Secretariat from A.Palem village to G.Palem village. In fact, a Grama Sabha was held on 02.01.2020 but the proceedings relating to change of Village Secretariat were not brought to the notice of Grama Sabha. The change is made on communal lines for political gains but not in the interest of villagers. No reasons were assigned for change of location of Village Secretariat and the same is arbitrary and contrary to the concept of very constitution of Village Secretariats and the said change of Secretariat will put to irreparable loss and hardship to the villagers of A.Palem.
Hence, the writ petition.
3. Learned Government Pleader for Panchayat Raj took notice for respondents 1 to 3 and Sri I.Koti Reddy, learned Standing Counsel took notice on behalf of 4th respondent.
4. Counter is filed on behalf of 4th respondent interalia contending thus:
(a) The Government have intended to establish Village Secretariats to improve the self governance at the village level. For this purpose, guidelines have been issued by the 1st respondent vide G.O.Ms.No.110 dated 19.07.2019. At Clause No.11 (ii) of the said guidelines, it was mentioned about the establishment of Village Secretariats by taking into consideration the population factor. As per clause 11(ii)(b), Village Secretariat has to be established by clubbing two Gram Panchayats, wherever population is less than 2000. The population of A.Palem is about 2800 and G.Palem is about 1165. Hence, the 4th respondent sent proposals to establish the Village Secretariat initially at A.Palem as its population is more than G.Palem. Considering the same, a Gazette notification was issued to establish Village Secretariat in A.Palem village.
(b) At the time of establishing the Village Secretariat it was noticed that there was no Panchayat building in A.Palem village. Hence, Village Secretariat was established in a private building in A.Palem. Therefore, subsequently the 4th respondent sent p
