The State Of Andhra Pradesh, vs V Ramana,
2021 Latest Caselaw 4880 AP

                                       1




         IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

   HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                              &
        HON'BLE MR. JUSTICE M. SATYANARAYANA MURTHY


                             W.A.No.63 of 2021

                          (Through physical mode)


State of Andhra Pradesh rep. by its Prl. Secretary
Panchayat Raj and Urban Development E and R Department,
Secretariat, Velagapudi, Amaravati, Guntur District
and three others
                                                                  ...Petitioners

                                    Versus

V.Ramana S/o Pothaiah, R/o Peddakurava Palle and others
                                                                ... Respondents

Counsel for the Appellants : Government Pleader for PR & RD

Counsel for the respondents : Mr.N.Subba Rao

ORAL JUDGMENT

Dt: 29.11.2021

(per Prashant Kumar Mishra, CJ)

This writ appeal arises out of order, dated 17.08.2020, passed by

the learned Single Judge setting aside G.O.Ms.No.218, Panchayat Raj &

Rural Development (E & R) Department, dated 31.12.2019, which was

issued to bifurcate Bommaiahgari Palle Gram Panchayat into two villages

by relaxation of Rule 6 of the Andhra Pradesh Gram Panchayat

(Declaration of Villages) Rules, 2007 ('Rules', for brevity).

The main ground on which the subject GO has been set aside is

that during the relevant period, there was no regularly elected body for

Bommaiahgari Palle Gram Panchayat and it was represented by a Special

Officer, who himself has informed that Grama Sabha was conducted and

neighbours reported no objection for bifurcation. No materials were

placed before this Court to support the said decision of the Special

Officer.

Upon hearing the learned counsel for the parties at length, we find

that Rule 9 of the Rules has not been complied with by the Special Officer

and as a matter of fact, the said Rule would not have been complied with

because there was no elected body of the Gram Panchayat at the

relevant point of time. Thus, the order passed by the learned Single

Judge does not call for any interference.

Accordingly, the Writ Appeal is dismissed. However, this order

shall not come in the way of concerned authorities to initiate fresh

process of bifurcation of the subject Gram Panchayat in accordance with

law. No costs. Pending miscellaneous applications, if any, shall stand

closed.

PRASHANT KUMAR MISHRA, CJ M.SATYANARAYANA MURTHY, J

RAR