Chittiboyana Pedda Subbaiah vs The State Of Ap
2022 Latest Caselaw 7840 AP

 HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

               WRIT PETITION No. 17513 of 2021

ORDER:

This writ petition is filed seeking a writ of mandamus

declaring the action of respondent No.2 in issuing Memo dated

11.01.2021 and shifting of village secretariat of Kamalakuru

Village from Kamalakuru Village to Manyamvaripalli Village,

Atloor Mandal, YSR Kadapa District, as illegal and arbitrary.

2. Heard Sri P.S.P. Suresh Kumar, learned counsel for the

petitioners, learned Assistant Government Pleader for Panchayat

Raj appearing for respondent Nos.1 to 6, and Sri V. Vinod K

Reddy, learned standing counsel for respondent Nos.7 to 9.

3. Learned counsel for the petitioners would submit that the

petitioners are residents of Kamalakuru Village, Atloor Mandal,

YSR Kadapa District and the 1st petitioner is the Sarpanch of the

said village. The 1st respondent issued G.O.Ms.No.110, Panchayat

Raj and Rural Development (MDL-1) Department, dated

19.07.2019, introducing the Village Secretariat System to achieve

the objects as enumerated in the said G.O. As per the said G.O.,

the Government intended to construct various Grama

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Sachivalayam Buildings, Raitu Bharosa Kendrams, Wellness

Centers, Anganwadi Centers with MGNREGS funds. While so,

the 4th respondent issued proceedings dated 24.04.2020 according

administrative sanction for construction of Grama Sachivalayam

buildings as Type-I & III for Rs.40.00 lakhs and Rs.35.00 lakhs

respectively under 100% MGNREGS funds in respect of the

Grampanchayats situated within the District. As per the said

proceedings, the 9th respondent-Grampanchayat was also

sanctioned funds for construction of Village Secretariat at

Kamalakuru Village. Pursuant to the proceedings of the 4th

respondent, the 7th respondent issued proceedings dated 07.09.2019

stating that the Village Secretariat will be constructed in

Kamalakuru Village only and there is no proposal for shifting of

the Village Secretariat from Kamalakuru Village. Subsequently,

the construction of Village Secretariat had commenced at

Kamalakuru Village and reached upto footing level. While so, the

2nd respondent vide a Memo dated 11.01.2021 accorded permission

to the Commissioner, GVWV & SWS for re-location of 36 Village

Secretariats in Chittoor, YSR Kadapa, SPSR Nellore, Krishna and

Guntur Districts, whereby the construction of Village Secretariat at

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Kamalakuru Village was stopped and it was proposed to construct

Sachivalayam Building at Manyamvaripalli village.

i) Learned counsel for the petitioners would contend that the

memo dated 11.01.2021 issued by the 2 nd respondent was not

preceded by any resolution passed either by Kamalakuru

Grampanchayat or by Manyamvaripalli Grampanchayat. Further,

the Tahsildar concerned issued an endorsement dated 14.07.2021

stating that the land admeasuring Ac.0.36 cents in Sy.No.1008/4

and Ac.0.02 cents in Sy.No.1008/6 totalling to Ac.0.38 cents of

Manyamvaripalli Grampanchayat is recommended for construction

of Village Secretariat of Kamalakuru. Then, the petitioners along

with other villagers submitted a representation dated 28.06.2021

seeking indulgence of the 1st respondent to stop the construction of

the proposed Gramasachivalayam Building at Manyamvaripalli

Village and instruct the authorities concerned to get it constructed

at Kamalakuru Village. But, the authorities neither considered it

nor gave reply to it.

ii) The learned counsel would further contend that the

impugned proceedings dated 11.01.2021 is a non-speaking order

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and there is no mention about shifting of the Village Secretariat in

respect of Kamakakuru Village Secretariat. Such a non-speaking

order without any reasons cannot be taken away the rights of the

petitioners which were approved by way of G.O.Ms.No.110 dated

19.07.2019 as well as the proceedings of the 4 th respondent dated

24.04.2020. Further, the change of location of Village Secretariat

from the existing major Grampanchayat to a minor Grampanchayat

which is not eligible to have a Village Secretariat, is contrary to the

objects of G.O.Ms.No.110 dated 19.07.2019. Under Article 243G

of the Constitution of India, the 1st respondent is empowered to

issue the present G.O. to achieve the objects as per the 73 rd

Constitutional Amendment. Clauses 6 and 11 of the said G.O. read

as under:

"6. Need for Village Secretariat System

i. Restructuring the delivery systems to function as an effective mechanism to deliver services. ii. A strong& Workable channel for implementation of NAVARATHNALU

iii. Transparency and accountability in delivery of government services to the citizens. iv. Ensure convergence among departments providing services at village level."

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"11.Area of operation of functional assistants

i. Population unit of about 2000 persons is taken as the base, for provision of services by one team of functional assistants.

ii. Rural areas (other than Agency areas) a. If a Gram Panchayat (GP) population is more than 2000 and less than 4000, the entire GP is considered as one unit and one team of functional assistants will be provided.

b. In the case of smaller GPs having less than 2000 population, one team of functional assistants will provide services for one or more Gram Panchayats, to cater to the needs of population of about 2000, for administrative convenience.

c. In larger Gram Panchayats, additional teams of functional assistants will be provided in proportion to the population. d. Wherever additional teams of functional assistants are proposed in larger Gram Panchayats, the area of operation of additional teams as far as possible will be co-terminus with revenue villages, to enable effective provision of services by Revenue and survey departments."

iii) The learned counsel for the petitioners would contend that

the impugned proceedings are issued in utter violation of Clauses 6

and 11 of G.O.Ms.No.110 dated 19.07.2019 which was issued to

achieve the noble objects as enumerated under Article 243G of the

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Constitution of India. Hence, the impugned proceedings are liable

to be set aside.

4. On the other hand, learned Assistant Government Pleader for

Panchayat Raj would submit that Atlur Mandal, Kadapa District,

consists of 12 Grampanchayats and it was proposed to establish 7

Village Secretariats for 12 Grampanchayats. As such, one Village

Secretariat in the name of Kamalakuru Village Secretariat for

kamalakuru and Manyamvaripalli Grampanchayats is proposed to

be established initially at the Head Quarters i.e., Kamalakuru

Village. These two villages are abutting to each other and as per

2011 census, the population of Kamalakuru and Manyamvaripalli

Grampanchayats are 1788 and 1714 respectively. The total

population of two Grampanchayats is 3502. The learned counsel

would also submit that the villagers of Kamalakuru filed

W.P.No.802 of 2021 before this Court seeking a direction to the

respondents to establish the Village Secretariat at Kamalakuru

Village only and not to shift the Village Secretariat to

Manyamvaripalli Village and the writ petition is pending for

consideration.

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i) The learned Assistant Government Pleader would contend

that Kamalakuru Grampanchyat is having two habitations, whereas

Manyamvaripalli Grampanchayat is having eight habitations. The

present location where the Village Secretariat is proposed to be

established in Kamalakuru Village is very far away from all the

eight habitations of Manyamvaripalli Grampanchayat. One

habitation of Kamalakuru Grampanchayat is also very far away

from the present location where the Village Secretariat is proposed

to be established at Kamalakuru Village. It is submitted that one

Smt. Nagireddy Rukminamma belongs to Manyamvaripalli Village

is ready to donate land to an extent of Ac.0.60 cents in Sy.No.555

of Manyamvaripalli Village and requested to establish the Village

Secretariat at Manyamvaripalli Village as the location is very

convenient to all the villagers of both the villages. Accordingly,

necessary proposals were submitted by the 7th respondent to the 4th

respondent, who in turn, forwarded the proposals to the 2nd

respondent who issued the proceedings impugned in the writ

petition, after following the due procedure and in compliance of

G.O.Ms.No.100, General Administration (Political A) Department,

dated 28.11.2018. Accordingly, the Village Secretariat of

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Kamalakuru Grampanchayat was shifted to Manyamvaripalli

Grampanchayat and the construction of the Village Secretariat was

also completed and it is about to put in operation. The petitioners

have no locus standi to file the present writ petition. In view of the

above facts, the writ petition is liable to be dismissed.

5. The learned standing counsel for respondent Nos.7 to 9

reiterated the contentions raised by the learned Assistant

Government Pleader for Panchayat Raj about the location of the

Village Secretariat of Kamalakuru Grampanchayat. He would

submit that taking all the facts into consideration and in the interest

of the public convenience in terms of distance and other factors, it

has been proposed to establish the Village Secretariat in

Manyamvaripalli Grampanchayat. He would also submit that the

construction of Gramasachivalayam building was commenced and

50% of the construction was over as on the date of filing of the

instant writ petition which is filed at a belated stage with an

oblique motive. In support of his contentions, the learned standing

counsel placed reliance on the judgment of the Division Bench of

this Court dated 27.08.2021 in W.A.Nos.55 and 99 of 2021

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wherein similar issue was dealt with in W.P.No.25178 of 2020 and

the same was dismissed by an order dated 19.01.2021 which was

confirmed in the writ appeals.

6. In reply, learned counsel for the petitioners would submit

that as on the date of filing of W.P.No.802 of 2021, there were no

orders for re-location of the Village Secretariat from Kamalakuru

Grampanchayat to Manyamvaripalli Grampanchayat. As can be

seen from the counter affidavit of the 2nd respondent, the

inhabitants of Kamalakuru Village have to travel to a distance of

2.5 kms to Manyamvaripalli Village and it is very difficult and

inconvenience for the inhabitants of Kamalakuru Village to travel

such a distance. The learned counsel would contend that there are

no circumstances reported by the 2nd respondent and the re-location

of the Village Secretariats is not justifiable for lack of proper

reasons. It is also contended that in the counter affidavit of the 2 nd

respondent, it is mentioned that recommendations were made by

the 4th respondent. But however, in the impugned proceedings,

there was no mention about the recommendations made by the 4th

respondent and the said recommendations were not placed on

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record. When once a decision was taken to establish the Village

Secretariat at Kamalakuru Grampanchayat, the 4th respondent has

no role or authority to recommend for shifting of the Village

Secretariat. The orders dated 27.08.2021 passed by the Division

Bench of this Court in W.A.Nos.55 and 99 of 2021 are not

applicable to the facts of the present case because in the said case

the distance of the re-located place is only 600 meters, but in the

present case the distance of the re-located place is 2.5 kms even as

per the statement of the 2nd respondent in its counter though it is

actually 4.00 kms. The learned counsel would also submit that as

per the information provided by Kamalakuru Grampanchayat under

RTI Act, the population of Kamalakuru Grampanchayat is 3065.

So, the contention of the respondents that the population of

Kamalakuru Village is 1788 is utterly false and invented to suit for

the change of location only. Kamalakuru Village is having all

other facilities, such as, Electrical Sub-station, Zilla Parishad High

School, Mandal Parishad High School, Primary School,

Anganwadi School, Anganwadi Center, Rythu Bharosa Kendram,

Andhra Pradesh Grameena bank, Health Sub-Center and Rural

Veterinary Hospital. It is further submitted that Manyamvaripalli

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Village is not at all eligible to have a Village Secretariat since its

population is below 2000. Without looking into all the above

aspects, the 2nd respondent issued the impugned proceedings and

the same are liable to be set aside. Further, the contention of the

respondents that the petitioners have no locus to file the present

writ petition is not tenable, in view of the decision of the learned

Single Judge of the High Court of Judicature for the State of

Telangana and for the State of Andhra Pradesh at Hyderabad in

Chimpula Shailaja Vs. State of Telangana and others1 wherein it

is held as under:

"5. No doubt, it is not their prayer for their benefit but for in a common purpose to benefit the local bodies from pointing out the abdication of the responsibility of the Government as a trustee pursuant to the G.O.Ms.No.255 supra. The learned Government Pleaders submit that the petitioners have no locus standi. The learned Government Pleaders in support of that placed reliance on the:

1. Decision of this Court in Sarpanch, Gundlur Gram panchaayt, Y.S.R.Kadapa District Vs. Principal Secretary, Stamps & Registration Department Dept., Hyderabad & others, in W.P.No.37323 of 2013, dated 30.06.2014, wherein Section 22A of the Panchayat Raj Act was in challenge by the individual writ petitioner and the 1st respondent therein impugned the locus as it was the Panchayat represented by the Secretary that

2017 (5) ALD 131

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has to maintain and not by that individual petitioner for the relief sought therein. It is thereby answered in upholding against maintainability of the writ and the same when impugned by the petitioner therein, in W.A.No.1104 of 2014, by order dated 09.09.2014, the appeal was dismissed in upholding the same.

2. The other decision of this Court, in G.Krishna Murthy Vs. Government of Andhra Pradesh and others, 2008 (4) ALD 445 wherein it is in relation to the collection of the parking fees from the contractor of the bus stand area within the limits of the Panchayat granted to the writ petitioner that was later cancelled by panchayat secretary for failure to deposit the bid amount within the stipulated time. The competency of the panchayat secretary to issue re-auction notification cancelling the earlier lease that impugned came for consideration, where there is an observation contextually that the panchayat issued the proceedings by the secretary indicating that there is a resolution of the Panchayat accepting the petitioner as the highest bidder and the Panchayat secretary's duty pursuant to the resolution of the Panchayat is only to implement the resolutions. That decision and the observation therein in no way in fact applicable by any stretch of imagination to the present facts much less to serve as a precedent.

3. Coming to the expression of the Apex Court of Rajubhai Somabhai Bharwad and another Vs. Ahmedabad Municipal Corporation, 2015 7 SCC 633 which is a case under Gujarat Panchayat Act, 1993 on the powers of the Sarpanch where it is observed that Sarpanch individually could not enter into any settlement with workman but for by Panchayat by a resolution. That expression also no way applicable to the present facts.

NV,J W.P.No.17513 of 2021

6. In the factual scenario, coming to the locus, the three judge bench judgment of the Apex Court in Kalyan Singh Vs. Smt. Chhoti and others 1990 AIR (SC) 396 observed that any person interested in a communal property or a common property without even representative capacity under Order 1 Rule 8 of C.P.C. maintain for the benefit of the community or the common good as a case may be and the question of locus by the respondents to the matter is held unsustainable.

7. Having regard to the above, when the petitioners prayer is not to pay to them but to pay to the Gram Panchayat, Mandal Parishad and Zilla Parishad respectively, that too only to implement the G.O.Ms.No.255, that is issued by the Government as a trustee to collect and distribute, the writ petitioners got for that purpose locus."

7. Having regard to the contentions made by the learned

counsel for the petitioners as well as the learned Assistant

Government Pleader for Panchayat Raj and learned standing

counsel, this Court is of the opinion that the judgment of the

learned Single Judge of the High Court of Judicature for the State

of Telangana and for the State of Andhra Pradesh at Hyderabad in

Chimpula Shailaja case (1 supra) is applicable to the present case

and the petitioner has locus to file the present writ petition. There is

a dispute regarding census of population of Kamalakuru and

Manyamvaripalli Villages. The population of Kamalakuru Village

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is nearly double to the population of Manyamvaripalli Village.

The sufferance/ inconvenience should be looked into in respect of

population but not number of habitations. It is an admitted fact that

the population of Kamalakuru Village is more than that of the

population of Manyamvariaplli Village. Therefore, shifting of

Village Secretariat from Kamalakuru Village to Manyamvaripalli

Village is nothing but causing inconvenience to the villagers of

Kamalakuru who are double in number. The central location of

Village Secretariat regarding number of habitations may not be

relevant, but the location of Village Secretariat at the more

populated area is relevant even as per Clauses 6 and 11 of

G.O.Ms.No.110. In view of the above, the contention of the

learned counsel for the petitioners that the impugned proceedings

are issued in violation of Clause 11 of G.O.Ms.No.110 dated

19.07.2019 is sustainable. As it is the contention of the learned

Assistant Government Pleader for Panchayat Raj as well as the

learned standing counsel that the construction of the Village

Secretariat at Manyamvaripalli Village has already been completed

and it is about to put in operation, at this juncture the functioning

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of the Village Secretariat at Manyamvaripalli Village cannot be

stopped.

8. In view of the above and in the facts and circumstances of

the case, this Court deems it appropriate to dispose of the writ

petition with a direction to the 2nd respondent to consider the

requests/representations of the petitioners and the villagers of

Kamalakuru Village for establishment of a Village Secretariat at

Kamalakuru Village basing upon the availability of funds, since

said village is entitled to have a Village Secretariat on its own by

virtue of population as per G.O.Ms.No.110 dated 19.07.2019.

While considering the requests/representations of the petitioners,

the 2nd respondent shall provide an opportunity of hearing to the

petitioners and the villagers of Kamalakuru and pass speaking

orders within a period of three months from the date of receipt of a

copy of this order.

9. With the above direction, the Writ Petition is disposed of.

No order as to costs.

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Consequently, miscellaneous applications, if any, pending

shall stand closed.

____________________________________ VENKATESWARLU NIMMAGADDA, J 14th October, 2022 cbs

NV,J W.P.No.17513 of 2021

HON'BLE SRI JUSTICE VENKATESWARLU NIMMAGADDA

Writ Petition No. 17513 of 2021

14th October, 2022 cbs

NV,J W.P.No.17513 of 2021