Duggisetty Haranath vs The State Of Andhra Pradesh,
2021 Latest Caselaw 4361 AP

    IN THE HIGH COURT OF ANDHRA PRADESH: AMARAVATI

  HON'BLE MR. JUSTICE PRASHANT KUMAR MISHRA, CHIEF JUSTICE
                                     &
                 HON'BLE MR. JUSTICE A.V. SESHA SAI


                    WRIT APPEAL No.676 of 2021

                (Hybrid Hearing Through video conferencing)


Duggisetty Haranath,
S/o Swamulu, aged about 52 years,
R/o H.No.B11-315, Nunna Vari Street,
Buchireddypalem Town and Mandal,
SPSR Nellore District, A.P.

                                                          ..Appellant

                                  Versus


The State of Andhra Pradesh,
Rep., by its Chief Secretary,
General Administration Department,
Secretariat, Velagapudi, Amaravati
and others.
                                                        ...Respondents

Counsel for the appellant : Mr. Narra Srinivasa Rao

Counsel for respondent No.1 : GP for GAD

Counsel for respondent Nos.2 to 4 : GP for Panchayat Raj & Rural Development.

Counsel for respondent Nos.5 to 7 : GP for Municipal Administration & Urban Development Counsel for respondent Nos.8, 10 & 11: GP for Revenue

Counsel for respondent No.9 : Mr. N. Ranga Reddy

Counsel for respondent No.12 : Mr. Vivek Chandra Sekhar HCJ & AVSS,J

ORAL JUDGMENT Dt:27.10.2021

(per Prashant Kumar Mishra, CJ)

This appeal is preferred against an order dated 25.10.2021 passed

by learned single Judge in I.A.No.1 of 2021 in W.P.No.24574 of 2021.

2. Challenging the constitution of Buchireddypalem Nagar Panchayat

by merging Buchireddypalem Gram Panchayat along with four surrounding

Grampanchayats/Villages viz., (1) Vavveru, (2) Kattubadipalem (part), (3)

Iskapalem (part) and (4) Pallipalem H/o Iskapalem Grampanchayat, the

appellant/writ petitioner filed W.P.No.24574 of 2021 along with I.A.No.1

of 2021, an application seeking a direction to respondent No.12 not to

issue any election notification for the newly constituted Buchireddypalem

Nagar Panchayat of SPSR Nellore District.

3. The learned single Judge having found that the writ petitioner kept

quiet for nearly two years after formation of Nagar Panchayat and now,

when respondent No.12 is proceeding to conduct elections for the newly

constituted Nagar Panchayat, he approached this Court by challenging the

constitution of Buchireddypalem Nagar Panchayat and seeking a direction

to respondent No.12 not to issue election notification, observed that in the

prima facie opinion of the Court, the writ petitioner is not entitled to stall

the election process.

4. We have heard the learned counsel for the appellant for some time.

However, we are not convinced with his submissions for issuing any

direction to respondent No.12 to stall the elections. On perusal of the

subject notifications (i) G.O.Ms.No.253, Panchayat Raj and Rural

Development (E&R) Department, dated 28.01.2020, by which, in exercise

of powers conferred under Clauses (f) of sub-section (2) of Section 3 of HCJ & AVSS,J

the Andhra Pradesh Panchayat Raj Act, 1994, the earlier notification

issued constituting the Grampanchayats/villages has been cancelled, and

(ii) G.O.Ms.No.87 Municipal Administration & Urban Development (G)

Department, dated 28.01.2020, by which, in exercise of powers conferred

under Clause (42-a) of Section 2 of the Andhra Pradesh Municipalities Act,

1965 (the Andhra Pradesh Act No.6 of 1965), read with Rule 2 of the

Andhra Pradesh Constitution of Nagar Panchayats and Municipalities

Rules, 2019, new Buchireddypalem Nagar Panchayat has been

constituted, we are not inclined to take a different view in this matter

insofar as the order passed by the learned single Judge is concerned.

5. Accordingly, the Writ Appeal is dismissed. However, any

observations made herein shall not affect the appellant's case in the writ

petition, which shall be decided by the learned single Judge on its own

merits as and when pleadings are complete. We request the learned

single Judge to expedite hearing of the writ petition. No costs. Pending

miscellaneous applications, if any, shall stand dismissed.

PRASHANT KUMAR MISHRA, CJ                              A.V. SESHA SAI, J

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