THE HONOURABLE SMT. JUSTICE T. MADHAVI DEVI WRIT PETITION NO.34961 OF 2023

O R D E R

In this Writ Petition, the petitioner is challenging the action of the authorities in carving out a separate Gram Panchayat for Vandurguda habitation with incorrect facts and against the declared guidelines and without seeking opinion and objections of the concerned gramasabha and in issuing the impugned endorsement vide Memo dt.31.01.2023 rejecting the request of the petitioner to reconsider the same in the light of correct facts, as illegal and arbitrary.

2. Learned counsel for the petitioner submitted that there was a proposal to carve out a separate Gram Panchayat for Vandurguda habitation from Venkatapur Gram Panchayat. The petitioner has filed a representation and thereafter a Writ Petition in W.P.No.269 of 2019 challenging the action of the State Government in bifurcating Venkatapur Gram Panchayat into two separate Gram Panchayats, i.e., Venkatapur and Vandurguda Gram Panchayats. The said Writ Petition was disposed of by a Division Bench of this Court vide orders dt.08.03.2019 permitting the petitioners therein to make a fresh representation and also directing the respondents therein to consider the representation in accordance with law. Consequent thereto, the petitioner has made representations on 18.09.2020 and 15.09.2021 bringing out certain facts and also putting forth as to how the bifurcation is not necessary. When no action was taken on the representations, another Writ Petition in W.P.No.4795 of 2022 was filed which was disposed of vide orders dt.15.07.2022 directing the respondents to consider the representation dt.01.10.2020 submitted by the petitioner and also to pass necessary orders thereon strictly in accordance with law and when the same was not complied with, the petitioner filed a Contempt Case in C.C.No.2052 of 2022 and therefore, the impugned Endorsement dt.31.01.2023 was issued disposing of the objections of the petitioner. In para 6 of the impugned order, it is stated that as per the Government Guidelines, all the Tribals/Gudems/Gumpus/Habitations with a population of 500 and above and located at 2 km or more distance from the existing Gram Panchayat’s Head Quarter were formed as a new Gram Panchayat. It is observed therein that Vandurguda has fulfilled the conditions for formation of separate Gram Panchayat and therefore, the Bill has been passed in the Legislature and the Gram Panchayat, Vandurguda has been formed and included in Schedule-VIII of Telangana Panchayat Raj Act, 2018 at Sl.No.34 at page No.737 and therefore, it is not practicable to change its status back, looking at the development that has taken place in the new Gram Panchayat and the benefits that have accrued to the people. Challenging the same, the present Writ Petition has been filed.

3. Learned counsel for the petitioner has stated that Vandurguda Village or habitation did not have a population of 613 as stated by the respondents and that the entire village has only ST population and there were no other persons from any other community.

4. On issuance of notice, the respondents have filed counter affidavits stating that the population of Vandurguda village is 613, i.e., Male 302 and Female 311 with 100% ST population.

5. Learned counsel for the petitioner had reiterated that there were no persons of any other community other than ST community and therefore, the contentions of the respondents about the population of the concerned village are incorrect. He pointed out the discrepancies with regard to census of 2011 particularly the population of Vandurguda. In response thereto, the Government, i.e., the 2^nd respondent has filed additional counter affidavit on 17.07.2025 reiterating its earlier stand that the total population of Vandurguda village is 613.

6. Therefore, vide orders dt.29.07.2025, this Court had directed the Government to verify whether there were any persons of any other castes other than STs residing in the subject village. The Cour