APHC010095202020 IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVATI [3331]

(Special Original Jurisdiction)

TUESDAY, THE THIRTY FIRST DAY OF MARCH TWO THOUSAND AND TWENTY SIX PRESENT THE HONOURABLE SRI JUSTICE SUBBA REDDY SATTI WRIT PETITION NO: 5738/2020 Between:

1. P .RUDRAIAH NAIDU, S/O LATE VENKATAMUNI NAIDU, AGED

63 YEARS, R/O D.NO.83, PENUMURU, CHITTOOR DISTRICT.

2. L .NARENDRA KUMAR, S/O L.GURAPPA NAIDU, AGED 43 YEARS, R/O D.NO22-35, BALIJA STREET, PENUMURU, CHITTOOR DISTRICT.

3. V .SRINIVAS CHOWDARY, S/O V.KRISHNAMA NAIDU, AGED 56 YEARS, R/O D.NO.4-46, SANDRA STREET, PENUMURU, CHITTOOR DISTRICT.

4. K .RADHAMMA, W/O K.VENKATADRI, AGED 54 YEARS, R/O D.NO.11-8, GUTTAKINDAPALLI, PENUMURU, CHITTOOR DISTRICT.

5. K .NETHAJI, S/O K.GURUSWAMY, AGED 32 YEARS, R/O D.NO.9-16, B.C.COLONY, PENUMURU, CHITTOOR DISTRICT.

6. P .SUBRAMANYAM, QV LATE MUNIRATNAM, AGED 53 YEARS, D.NO.6-79, VINAYAKA NAGAR, PENUMURU, CHITTOOR DISTRICT.

...PETITIONER(S)

AND

1. T HE STATE OF ANDHRA PRADESH, REPRESENTED BY ITS PRINCIPAL SECRETARY, PANCHAYATRAJ AND RURAL DEVELOPMENT(EANDR) DEPARTMENT, SECRETARIAT BUILDINGS, VELAGAPUDI, GUNTUR DISTRICT.

2. T HE DISTRICT COLLECTOR, CHITTOOR DISTRICT.

3. T HE DISTRICT PANCHAYAT OFFICER, CHITTOOR DISTRICT.

4. T HE COMMISSIONER, PANCHAYAT RAJ AND RURAL DEVELOPMENT, TADEPALLI, GUNTUR DISTRICT.

5. P ENUMURU GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY/ SPECIAL OFFICER, PENUMURU MANDAL, CHITTOOR DISTRICT.

6. C HARVAGANIPALLE GRAM PANCHAYAT, REP. BY ITS PANCHAYAT SECRETARY/ SPECIAL OFFICER, PENUMURU MANDAL, CHITTOOR DISTRICT ...RESPONDENT(S):

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 a writ more particularly one in the nature of a mandamus declaring G.O.Ms.No.241 Panchayat Raj and Rural Development (EandR) Departmentdated 17.01.2020 issued by the 1st respondent as illegal, arbitrary, violative of the provisions of the Andhra Pradesh Panchayat Raj Act, 1994 and the rules made thereunder, violative of the A.P.Gram Panchayats (Declaration of villages) Rules, 2007 and unconstitutional and consequentially set aside the same by directing the 1st respondent not to merge Penumuru and Charvaganipalle Gram Panchayats of Chittoor District IA NO: 1 OF 2020 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 suspend G.O.Ms.No.241 Panchayat Raj and Rural Development (E&R) Department dated 17.01.2020, pending disposal of the above writ petition IA NO: 1 OF 2021 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 vacate the interim order dated 13-03-2020 in Wp.

5738/2020 and dismiss the writ petition Counsel for the Petitioner(S): 1. MEKA RAHUL CHOWDARY Counsel for the Respondent(S):

1. GP FOR PANCHAYAT RAJ RURAL DEV (AP)

2. Mattegunta.Sudhir,Standing Counsel For Z.P.Ps,M.P.Ps,Gram Panchayats The Court made the following:

ORDER

The petitioners, six in number, filed the above writ petition, assailing the G.O.Ms.No.241, Panchayat Raj and Rural Development (E&R) Department, dated 17.01.2020, merging Charvaganipalle Gram Panchayat into Penumuru Gram Panchayat.

2. a) Averments in the affidavit, in brief, are that the petitioners are the residents of Penumuru Gram Panchayat. The said Penumuru Gram Panchayat was divided into 3 revenue divisions i.e. Penumuru, Ramakrishnapuram and Chipparapalli. Penumuru village has a population of 6,000 people and has more than 3,200 voters. Charvaganipalle village is located at a distance of 3.5 KMs from Penumuru village. The villagers of Charvaganipalle and Penumuru were not aware of the merging proposal till the G.O. impugned was issued.

b) The MPDO, Penumuru and the District Panchayat Officer, Chittoor, submitted reports vide Roc.No.B/36/2019 dated 10.01.2020 and Roc.No.2672/2019/B1(Pts), dated 11.01.