IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI
ARUP KUMAR GOSWAMI, NINALA JAYASURYA, JJ.
Nagisetty Chinna Sanjeeva Rayudu, S/o. Baludu & Ors. - Appellants
Versus
The State of Andhra Pradesh, Rep. by its Principal Secretary, Panchayat Raj & Rural Development Department, A.P. Secretariat & Ors. - Respondents
WA Nos. 55 and 99 of 2021
Decided On : 27-08-2021
Constitution of India, 1950 – Article 226 – Writ appeals - Power of High court to issue writs - Two writ petitioners, had jointly filed a writ petition being WP, questioning action of respondent authorities in changing location of construction of Devagudi-II Village Secretariat from Devagudi Village to P. Sugamanchipalle Village and seeking a writ of mandamus directing respondents to construct Devagudi-E Village Secretariat in Devagudi Village itself - By judgment and order, learned Single Judge dismissed writ petition – Held, court find ourselves in agreement with findings' and observations of learned Single Judge except that such a decision cannot be elevated to status of policy decision, as held by learned Single Judge - Issue regarding location of a village secretariat is essentially an administrative matter and a decision in that regard has to be taken by executive - There is no express stipulation that if a Gram Panchayat has more than 4,000 population and second village secretariat has to provide services to one or more Gram Panchayats, necessarily such second village secretariat would have to be located in same Gram Panchayat having more than 4,000 population - Though initially a decision was taken to set up Devagudi-II Village Secretariat in Devagudi Gram Panchayat, such decision can be altered for good and sufficient reasons to relocate said village secretariat in another Gram Panchayat - Two Gram Panchayats are separated by a distance of only 600 metres and construction of Devagudi-II Village Secretariat building in P. Sugamanchipalle Gram Panchayat had also been completed and said village secretariat is functioning therefrom - Writ appeals are dismissed.
JUDGMENT :
Arup Kumar Goswami, J.
1. Two writ petitioners, namely, Nagisetty Chinna Sanjeeva Rayudu and Panditi Venkataiah, had jointly filed a writ petition being WP No. 25178 of 2020, questioning the action of the respondent authorities in changing the location of construction of Devagudi-II Village Secretariat from Devagudi Village to P. Sugamanchipalle Village and seeking a writ of mandamus directing the respondents to construct Devagudi-E Village Secretariat in Devagudi Village itself. By the judgment and order dated 19.01.2021, the learned Single Judge dismissed the writ petition.
2. Assailing the said judgment and order, Nagisetty Chinna Sanjeeva Rayudu and Panditi Venkataiah individually preferred WA No.55 of 2021 and WA No.99 of 2021, respectively.
3. We have heard Mr. P. Veera Reddy, learned Senior Counsel assisted by Ms. Sodum Anvesha, learned Counsel appearing for the appellant in WA No. 55 of 2021, and Mr. Vedula Venkata Ramana, learned Senior Counsel representing M/s. Bharadwaj Associates for the appellant in WA No. 99 of 2021. We have also heard Mr. V. Kiran Kumar, learned Government Pleader for Panchayat Raj and Rural Development appearing for respondent Nos. 1 to 4 in WA No. 55 of 2021 and respondent Nos. 2 to 5 in WA No. 99 of 2021 and Mr. G.R. Sudhakar, learned Counsel representing Mr. V. Vinod K. Reddy, learned Standing Counsel for respondent Nos. 5 to 8 in WA No. 55 of 2021 and respondent Nos. 6 to 9 in WA No. 99 of 2021.
4. At the outset, it will be appropriate to take note of the case of the appellants/writ petitioners, in a nutshell, as presented in the writ petition, for the purpose of disposal of these two writ appeals.
(i) As per census of 2011, Devagudi Gram Panchayat has a population of 4,041 and P. Sugamanchipalle Gram Panchayat has a population of 563. The Principal Secretary, Panchayat Raj and Rural Development Department, Government of Andhra Pradesh, had issued G.O. Ms. No. 110, Panchayat Raj and Rural Development (MDL-I) Department, dated 19.07.2019, introducing a scheme of establishment of village secretariats in Gram Panchayats in the State. In terms of the said G.O., two village Secretariats, viz., Devagudi-I Village Secretariat and Devagudi-II Village Secretariat, were sanctioned for Devagudi Gram Panchayat based on its population. The two village secretariats so sanctioned were decided to be set up in Devagudi Village and after allotment of land, foundation stones were laid in respect of the two village secretariats in December, 2019. A sum of Rs.79,30,000/- was sanctioned for Devagudi-II Village Secretariat.
(ii) The Member of Legislative Assembly for Jammalamadugu Constituency addressed a letter dated 31.05.2020 to the Joint Collector, YSR Kadapa District, requesting for construction of a village Secretariat in P. Sugamanchipalle Village instead of in Devagudi Village and on the next day itself, i.e., on 01.06.2020, the Joint Collector, YSR Kadapa District, had diverted the construction] of village Secretariat to P. Sugamanchipalle Gram Panchayat. A consequential order dated 02.06.2020 was issued by the Chief Executive Officer, Zilla Praja Parishlad, YSR Kadapa District, to the Mandal Parishad Development Officer, Jammalamadugu, who, in turn, by his letter dated 02.06.2020, informed the Chief Executive Officer that as the population of Devagudi Gram Panchayat is more than 4,000 and since P. Sugamanchipalle Gram Panchayat has population of less than 2,000, it would be contrary to G.O. Ms. No. 110 dated 19.07.2019.
(iii) The population of P. Sugamanchipalle Gram Panchayat being less, for administrative convenience, the said Gram Panchayat was attached to Devagudi-II Village Secretariat in terms of Clause 11(ii)(b) and (c) of G.O. Ms. No. 110 dated 19.07.2019. While there are 11 functional assistants/village volunteers for Devagudi-II Village Secretariat, P. Sugamanchipalle Gram Panchayat has only 04 functional assistants/village volunteers. Total pensioners under Devagudi-II Village Secretariat
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.