Nagisetty Chinna Sanjeeva ... vs The State Of Andhra Pradesh,
2021 Latest Caselaw 3220 AP

    IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI



HON'BLE MR. JUSTICE ARUP KUMAR GOSWAMI, CHIEF JUSTICE
                                     &
            HON'BLE MR. JUSTICE NINALA JAYASURYA


                WRIT APPEAL Nos.55 and 99 of 2021
                    (Taken up through video conferencing)


WRIT APPEAL No.55 of 2021

Nagisetty Chinna Sanjeeva Rayudu, So. Baludu,
Aged about 35 years, R/o.H.No.3/165,
Devagudi Village, Jammalamadugu Mandal,
YSR Kadapa District.
                                                            .. Appellant
      Versus


The State of Andhra Pradesh,
Rep. by its Principal Secretary,
Panchayat Raj & Rural Development Department,
A.P. Secretariat, Velagapudi,
Amaravati, Guntur District, and others.
                                                            .. Respondents

Counsel for the appellant : Mr. P. Veera Reddy, Sr.Counsel for Ms. Sodum Anvesha

Counsel respondent Nos.1 to 4 : GP for Panchayat Raj & Rural Dev.

Counsel respondent Nos.5 to 8 : Mr. G.R. Sudhakar for Mr. V. Vinod K. Reddy

WRIT APPEAL No.99 of 2021

Panditi Venkataiah S/o. Venkataiah, Aged about 23 years, R/o. H.No.1/44, Devagudi Village, Jammalamadugu Mandal, YSR Kadapa District.

.. Appellant Versus

Nagisetty Chinna Sanjeeva Rayudu, So. Baludu, Aged about 35 years, R/o.H.No.3/165, Devagudi Village, Jammalamadugu Mandal, YSR Kadapa District.

                                                            .. Respondents
                                          2                                   HCJ&NJS,J
                                                                  W.A.Nos.55&99 of 2021




Counsel for the appellant            : Mr. Vedula Venkata Ramana,
                                       Sr. Counsel,
                                       for M/s.Bharadwaj Associates

Counsel respondent Nos.2 to 5        : GP for Panchayat Raj & Rural Dev.

Counsel respondent Nos.6 to 9        : Mr. G.R. Sudhakar
                                       for Mr. V. Vinod K. Reddy


Date of hearing                      :       02.08.2021

Date of judgment                     :       27.08.2021


                            COMMON JUDGMENT

(per Arup Kumar Goswami, CJ)

Two writ petitioners, namely, Nagisetty Chinna Sanjeeva Rayudu

and Panditi Venkataiah, had jointly filed a writ petition being

W.P.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-II 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 W.A.No.55 of 2021

and W.A.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

W.A.No.55 of 2021, and Mr. Vedula Venkata Ramana, learned senior

counsel representing M/s. Bharadwaj Associates for the appellant in

W.A.No.99 of 2021. We have also heard Mr. V. Kiran Kumar, learned

Government Pleader for Panchayat Raj and Rural Development appearing 3 HCJ&NJS,J W.A.Nos.55&99 of 2021

for respondent Nos.1 to 4 in W.A.No.55 of 2021 and respondent Nos.2 to

5 in W.A.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 W.A.No.55 of 2021 and respondent Nos.6 to 9 in

W.A.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 & 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, 4 HCJ&NJS,J W.A.Nos.55&99 of 2021

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 Parishad,

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 are 231, out of which only 78 belong to P. Sugamanchipalle

Gram Panchayat. Similarly, out of 464 beneficiaries of rice cards under

Devagudi-II village secretariat, 322 beneficiaries belong to Devagudi Gram

Panchayat and only 142 beneficiaries belong to P. Sugamanchipalle Gram

Panchayat. That apart, while there are more than 407 houses in Devagudi

village under Devagudi-II village secretariat, only 120 houses are there in

P. Sugamanchipalle Gram Panchayat.

(iv) Only because of the fact that a political personality

belonging to the ruling party had desired to change the location of

Devagudi-II village secretariat, the action for relocation of the said village

secretariat to P. Sugamanchipalle Gram Panchayat had been proposed 5 HCJ&NJS,J W.A.Nos.55&99 of 2021

and being aggrieved by such proposal to shift Devagudi-II village

secretariat, representations were submitted by the villagers of Devagudi

Village and there being no response, the writ petition was filed.

5. It appears that no counter-affidavit was filed before the learned

single Judge and the learned standing counsel for respondent Nos.5 to 8

in the writ petition had made submissions on the basis of the written

instructions.

6. Based on the written instructions, the learned single Judge had

observed that Devagudi-I village secretariat is earmarked for 2,500

villagers of Devagudi Gram Panchayat, whereas Devagudi-II village

secretariat is earmarked for the remaining 1,541 villagers of Devagudi

Village and 563 villagers of P. Sugamanchipalle Village, totalling 2,104

villagers. It was noted that both the Gram Panchayats are contiguous and

distance between them is only 600 metres.

7. On an analysis of Clauses 10 and 11 of G.O.Ms.No.110 dated

19.07.2019, which deal with 'structure and composition of village

secretariats' and 'area of operation of functional assistants', respectively,

the learned single Judge had observed that there being no indication as to

where from the functional assistants have to operate in the course of

providing their services to a larger Gram Panchayat and its neighbouring

smaller Gram Panchayats, discretion vests with the Government to take a

policy decision as to location of a village secretariat basing on the

convenience of the public. Learned single Judge had noted that the

reason for relocation of the subject village secretariat, as can be found in

the letter of the District Collector to the Commissioner, VS/WS and

WB/WS Department, is that the distance between two Gram Panchayats is

only 600 metres and such relocation will infuse confidence of the people 6 HCJ&NJS,J W.A.Nos.55&99 of 2021

of P. Sugamanchipalle Gram Panchayat as the said Gram Panchayat will

get infrastructure like village secretariat, Rythu Bharosa Kendram, YSR

village clinic etc. Learned single Judge had also observed that as the

distance between two Panchayats is only 600 metres, going to the

secretariat in P. Sugamanchipalle Gram Panchayat cannot be considered

to be a constraint for the villagers of Devagudi Gram Panchayat, and

accordingly, the learned single Judge had negated the contentions of the

appellants/writ petitioners.

8. Mr. P. Veera Reddy as well as Mr. Vedula Venkata Ramana have

submitted that the learned single Judge was wholly wrong in construing

that a policy decision was taken to change the location of Devagudi-II

village secretariat to P. Sugamanchipalle Gram Panchayat. If at all there

was a policy decision, the same is to be found in G.O.Ms.No.110 dated

19.07.2019 and, therefore, change of location of Devagudi-II village

secretariat to P. Sugamanchipalle Gram Panchayat is, ex facie, arbitrary

and such action warrants interference at the hands of this Court. A

contention was advanced, as noted in the order dated 20.07.2021, that

relocation of the village secretariat was made without there being any

provision for such relocation and even without approval from the

departmental Minister. When the G.O.Ms.No.110 dated 19.07.2019 has

not contained any provision for relocation, it is submitted that the

impugned decision to change the location of Devagudi-II village

secretariat cannot be sustained in law and, therefore, such decision is

liable to be set aside and a direction may be issued to set up Devagudi-II

village secretariat in Devagudi village only.

9. Learned counsel for the respondents, relying on the reasoning

assigned by the learned single Judge, pray for dismissal of the writ 7 HCJ&NJS,J W.A.Nos.55&99 of 2021

appeals. They have further submitted that the construction of building of

Devagudi-II village secretariat in P. Sugamanchipalle Gram Panchayat had

already been completed and, therefore, even otherwise, at this juncture,

in the attending facts and circumstances, no interference is called for.

10. Learned senior counsel for the appellants do not dispute the above

submission that construction of building of Devagudi-II village secretariat

in P. Sugamanchipalle Gram Panchayat had been completed.

11. We have considered the submissions of the learned counsel for the

parties and have perused the materials on record.

12. In the writ appeals, a counter-affidavit is filed by the District

Collector, YSR Kadapa District, stating that the Principal Secretary to the

Government, Gram Volunteers/Ward Volunteers & Village Secretariats/

Ward Secretariats Department (for short, GVWV & VSWS Department) by

an order dated 11.01.2021, had accorded permission to the

Commissioner, GVWV & VSWS Department, for relocation of 36 village

secretariats, including Devagudi-II village secretariat from Devagudi

village to P. Sugamanchipalle Village.

13. In view of the submission of the learned senior counsel for the

appellants that the order dated 11.01.2021 was issued without there

being any provision for relocation and without approval of the

Departmental Minister, as recorded in the order dated 20.07.2021, we had

required the Principal Secretary to Government, GVWV & VSWS

Department to file an affidavit indicating source of power for relocation of

the village secretariats.

14. In the affidavit filed pursuant to the said order dated 20.07.2021, it

is stated that based on the proposals submitted by the Mandal Parishad

Development Officer, Jammalamadugu Mandal, (7th respondent in 8 HCJ&NJS,J W.A.Nos.55&99 of 2021

W.A.No.99 of 2021) to the District Collector, YSR Kadapa (4th respondent

in W.A.No.99 of 2021), file was processed and after obtaining approval of

Minister for Panchayat Raj & Rural Development, the Memo dated

11.01.2021 for change of location of 36 village secretariats, including that

of Devagudi-II village secretariat, was issued. It is also stated that such

an order is not running contrary to the G.O.Ms.No.110 dated 19.07.2019.

15. Perusal of the Note File produced by Mr. V. Kiran Kumar would go

to show that approval of the Departmental Minister was obtained before

issuance of Memo dated 11.01.2021.

16. G.O.Ms.No.110 dated 19.07.2019 was issued with a view to revamp

delivery systems in the State with an aim to improve living standards of

the people and to achieve that objective, establishment of village

secretariats consisting of required functional assistants to strengthen

Gram Panchayats and provide services to every 2000 population in the

State was conceptualised and the Government had laid down modalities to

establish village secretariats accordingly in the State of A.P.

17. From a perusal of Clause 10 of the G.O.Ms.No.110 dated

19.07.2019, it is manifest that the office of the Gram Panchayat will be

termed as village secretariat and that each village secretariat will be

provided with a Panchayat Secretary who will function as Secretary and

Convenor of the village secretariat. Functional assistants working under

village secretariats may cater to the needs of two or more contiguous

village secretariats. Clause 11 provides that population unit of about

2,000 persons will be taken as the base for provision of services by one

team of functional assistants. If a Gram Panchayat's population is more

than 2,000 and less than 4,000, the entire Gram Panchayat is considered

as one unit and one team of functional assistants would be provided. In 9 HCJ&NJS,J W.A.Nos.55&99 of 2021

the case of smaller Gram Panchayats having less than 2,000 population,

one team of functional assistants will provide services for one or more

Gram Panchayats to cater to the needs of population of about 2,000, for

administrative convenience.

18. Learned single Judge, while discussing Clauses 10 and 11 of

G.O.Ms.No.110 dated 19.07.2019, had recorded at Paragraph 7(e) of the

order under challenge as follows:

"7....

(e) Now, a conjunctive study of Clauses 10 and 11

gives us an understanding that existing Gramapanchayat

offices are re-designated as village secretariats, which will be

managed through panchayat secretary who will be the

convener of the village secretariat. Then, the functional

assistants are concerned, they work as a team. One team of

functional assistants is provided for a Gramapanchayat, whose

population is between 2000 and 4000. For this purpose, the

entire Gramapanchayat is considered as one unit. In case of

Gramapanchayats having population of more than 4000

additional teams of functional assistants will be provided in

proportion to the population. In case of smaller

Gramapanchayats having less than 2000 population, one team

of functional assistants working under a Village Secretariat will

cater to the needs of two or more contiguous Village

Secretariats. So, the teams of functional assistants are

distributed on the basis of population of a Gramapanchayat.

From this, we will understand that not all the

Gramapanchayats can have the facility of independent teams 10 HCJ&NJS,J W.A.Nos.55&99 of 2021

of functional assistants. Those Gramapanchayats having less

than 2000 population shall depend upon the team of

functional assistants working in the neighbouring larger

Gramapanchayat. This is the scheme of distribution of the

teams of functional assistants on pro-rata basis. Generally, the

team of functional assistants will work from the concerned

village secretariat. Then, a close scrutiny of G.O.Ms.No.110

would show that except mentioning that for a population unit

of every 2000, there shall be a team of functional assistants,

the G.O. is silent as to wherefrom the functional assistants

have to operate in the course of providing their services to a

larger gramapanchayat as well as its neighbouring smaller

gramapanchayat as in the present case. When the G.O. is

silent in this regard, and when there is no any statute

governing on the field, the government have to take a policy

decision which should be a pragmatic one, basing on the

convenience of the public."

19. On a perusal of Clauses 10 and 11 of the G.O.Ms.No.110 dated

19.07.2019, we find ourselves in agreement with the findings and

observations of the learned single Judge except that such a decision

cannot be elevated to the status of policy decision, as held by the learned

single Judge. The issue regarding location of a village secretariat is

essentially an administrative matter and a decision in that regard has to

be taken by the executive. There is no express stipulation that if a Gram

Panchayat has more than 4,000 population and the second village

secretariat has to provide services to one or more Gram Panchayats,

necessarily such second village secretariat would have to be located in the 11 HCJ&NJS,J W.A.Nos.55&99 of 2021

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 the said village secretariat in another Gram

Panchayat. As noted earlier, the two Gram Panchayats are separated by a

distance of only 600 metres and the construction of Devagudi-II village

secretariat building in P. Sugamanchipalle Gram Panchayat had also been

completed and the said village secretariat is functioning therefrom.

20. In view of the above discussion, we find no good ground to

interfere with the judgment under assailment and, accordingly, the writ

appeals are dismissed. No costs. Pending miscellaneous applications, if

any, shall stand closed.

ARUP KUMAR GOSWAMI, CJ                           NINALA JAYASURYA, J

                                                                            IBL