Andhra Pradesh High Court - Amravati
Chakirala Govindaiah, vs State Of Andhra Pradesh, on 11 January, 2024
IN THE HIGH COURT OF ANDHRA PRADESH AT AMARAVA
(SPECIAL ORIGINAL JURISDICTION)
THURSDAY, THE ELEVENTH DAY DF JANUARY ~
TWO THOUSAND AND TWENTY FOURTH U
PRESENT:
THE HONOURABLE SRI JusTicg SUBBA REDDY saTTi +
WRIT PETITION NO: 1268 OF 2026
Setween:
1. Shakirals Govindaiah, S/o Cc. Guruswamy Setty, Aged 5c YS, Agriculturies &
Gutgoing Sarpanch, 5-43, Kalathury Village, ChinnaMambotty Bost, Varsdaigh
Palem Mandal, Chittoor Distic-5175¢4
é&. Golla Lokgiah, Sfo iste Venkaigh, Aged 89 YS, daily wage labourer, 27,
HNarizana Wada. Kalathuny Village ChinnaMambatiy Past, Chitsor District.
STPS44
Petitioners
i. State of Andhra Pradesh, Rep by ts Pri Secretary, Panchayat Raj and Rural
Development, Velagapudi, Amaravathi, Andhra Pradesh be
The Corrmissionay, Panchayat Rai and Rural Davelooment PY S ices, Guntur -
Oistricl-5228n4 oe
3. Distriot Panchayat Officer, Chitfoar District, Chittoor.
4 The Districs Collector (Panchayaths), Chittoor, Chiteor District
5. The Divisiona: Panchayat Officer, Chittoor, Chittoor District
§
f
By
The Divisional Panchayat Officer, Chandragini, Chigoar District,
Mandal Development OFFcer . Varadaiahpalem Mandal, Varadgiahpalem.
Chittoor District
&. The Special Officer, Kalathury Gran Panchayat, Varadalahpaiem Mandal,
Varadaighpaiem, Chittoor District
oS The Panchayat Secretary, Kalathuny Gram Panchayat, Varadaiahngien
Mandal, Varadaiahpalem, Chittoor Ristret
OM. Chandra Reddy, Sfo Nagi Raddy, Aged about 62 ears, Occ. Agricultura .
Tc. Vanke Reddy, Sfo Kriehnas Reddy Aged ahour 85 Years, Qer. Agriculture
12.N. Ganesh Reddy, Sfo Malfa Reddy Aged abaus 82 Years, Occ, Agnoultire
1. NYam, Sig Mabubasha Aged about 2s Years, Occ. Agriculture
TY Jagacdeshwer Reddy, So Ravindra Reddy Avec about 39 Years, oc.
78.6, Subbaramaigh, Slo Chanchu Reghavulu Reddy, Aged about 44 Years, Qee.
Agriculture
15.8. Kumara Swamy, Sva Veera Swamy Chetty, Aged about 45 Years, Ceo,
Agriquiture
TPM Rathnaiah, Sfo Veera Swamy Aged about 50 Years, Gee. Agriculture
18.0. Maby Basha, Sfo Chinna Subhan Aged about 48 Years, Ger. Agricutture
1S. M. Shaker Reddy, S/o Balarami Reddy Aged about 32 Years, Occ. Agriculture
a0.G, Surunadham, S/o Venkats Subbsigh Chetty, Aged about 63 Years, Cee.
Agriculture
21.N. Madhu Srishina Reddy, Sio Mafla Reddy Aged about 52 Years, Dec.
Age ioulture.
Al the Respandents are resident of GucelavariPalem Vilag
KalatthuruGramaPanchayat, VaradalahPalemMandal, Chittoor Distinct,
iRespondents 16 to F1 are gmpleaded as per Court Order dh 2a/G2/2020 in
PA 212020}
Respondents
Patifion under Article 226 of the c onstitition of india is fled praying that in the
clroumstances stated in the aff slavit fled therewith, ihe High Court may be pleased :
issue a Writ, Order or direction more partioularly ane in the nalure of a Writ of
Marniamus declaring the action | of the respondents _ issuing G.O. Ms Nota?
Panchayat Ral an J Rural Development (FAR) Department dated 14.07.2020 iagal,
arbitrary, Violative of Ar. 14 A.P Panchayatral Act and Rules apart from violative of
principies of natural justice and ulfra vires of their pcavers and consequently fo set
aside the game .
iA NO: Ss OF O80
Petition under Section s) OPC is Sled praying thal in the circumetarices
stated in the affidavit filed in support of the petition, the High Court may be pleased ta
implead the proposed respondents as Raspondanis No. 1G fo 21 in WP No. T1268 of
2020, Pending disgosal of WP No, 1868 of 2020, on the file of the High Court.
i& NO: 1 OF 2620
Petition under Section 757 CRO is i we P oraying that in the circumstarices
slated in the affidavit fied in ¢ SuEpS crt ¢ of the petition, the High Court may be fo suspend
the operation of G.O.Ms.No.fS? Panchaya t Raj and 'Rural Deve foprrient (ERR)
Department dated 11.04.2080 and to pass, Pending dispasal of WP 1268 af 2020, an
the fle of the High Court.
z oe
The petition ooming on for hearing, ugon perusing the Pelion and the
affidavit led in support therenf and the order of the High Court omer dated
2812.2 2028 & 04.01.2024 mace herein and upon hearing the arguments of M/s Indus
Law Firm, Advocate for the Petitioners, GF for Panchayat Aaj jor respondent
Nos. 4, 33.4 4 S&F and of Sr Vinod BS Reddy, Standing Course! for respondent
Nos.G, 889, the Caurt made the following:
*Phe above writ petition is fled impugning the G.O.Ms.Ne.13? , Panchayat
Raj & Rural Development (R&R) Department, dated 14.01.2020, constituting
Gudulavaripalam Vilage as new Gram Panchayat, bifurcating f from Kalathury
Sram Panchayat.
Along with the wrif petition, copy of resolution {minutes of emergency
meeting) dated 20.12.2019 passed by the Gram Panchayat, Kalathuru was fled,
in view of the discrepancy, about the 'majority' decision in Grama Sabha, on
28.12.2023, this Court directed the learned Government Pleader, Panchayat Rai
fo produce resolutions passed by the Gram Panchayat while consilluting
Guduluvaripalern Gram Panchayat.
Accordingly, on 04.01.2024, the District Panchayat Officer and the
Panchayat Secretary, Kalathuru appeared. A book containing original
resolutions of Grama Panchayat dated 21.12.2019 and 24.12.2019 signed by
Special Officer was placed before the Court
The Panchayat Secretary, Kalathuru Gram Panchayat would submit that a
separate book is maintained regarding conducting of Grama Sabha and the saki
book is in fact, available in the office of Gram Panchayat. Hence, tits Gaur
directed the Panchayat Secretary fo produce the original book relating to.
conducting of Gram Sabha. The ariginal beck containing resolutions is seized
by the Court.
Toaday, the Panchayat Secretary, Kalathuru appeared before the Court
and submitted, initially, that the original boek regarding conducting of Grama
Sabha on 20.43.2049 and 24.12.2019 was not available in the office.
The learned Histriet Panchayat Officer, who appeared would submif that
in fact, no such record is available.
The Grama sabha was conducted on 20.12.2078 and 21.72.2079 when the
present incumbent is the Panchayat Secretary af Kalathuru.
As seen fram the material papera Ted along with the writ petition, 144
members are in favour of bNurcation and 208 members were against the
bifureation. However, in the G.O issued by the Ist respondent, twas mentioned
thet Grama Sabha was conducted and R was resolved that there WAS NO
objection for the bifurcation of Kalathur Gram Panchayat and to constitute
Gudslavaripaiem Gram Panchayat.
SS
SS.
Along with the counter-affidavit, Xerex copy of Grama Sabha, said to
have heen conducted on 24.12.2049 in Guduluvaripalem Gram Panchayat was
filed. in Para No? of the counter-affidavit, 8 was contended that Grama Sabha
was conducted on 20.72.2049 and 27.12.2019 in Kalathuru Grama Panchayat
and due fo heavy How of water in channels which is located between
netitioner's hariiet and four other hamlets most of the peamnle of four other
hamiets could not attend Grama Sabha. in the circumstances, Grama Sabha
was conducted by the Mandal Development Officer on 34.42.9049,
in the counter fied by the District Panchayat Officer, tH was contended
that the Gram Sabha was canveaned in Kaluthuru Gram Panchayat on
24.12.2078.
Thus, a8 seen from the sbeve, thers is g discrepancy regarding
conducting of Grama sabha and availability of original recard. The Panchayat
Secretary, though initially stated thet record is net available, later, he would
submit that he will produce the recerd,
in view of the facts and circumatances of the case, the learned Cletrict
Gallector, Chiteor shall conduct enquiry and place the report before the C ourt
regarding the Grama Sabha said fo have been conducted gua conmethutian of
Suduluvaripaiem Gram Panchayat. Learned Districs Gallector, Chittoor shall
place the original records along with the report by the next date of hearing.
List the matter on 25.04.2024 under the caption "For Judgment",
Sdi. 8. SRINIVASA PRAGA
ASSISTANT REGISTRAR
AYRUE COPYY
© SECTION OFFICER
Ta,
1. The Principal Secretary, Panchayat Raj and Rural Develonment,
Velagapudl, Ama@ravathi, Slate of Anca Pradesh,
The Commissioner, Panchayat Raj and Rural Development, PS leas,
Suntur District-622504
3. Oistrict Panchayat Officer, Chiinor District, Chittoor.
To
PRASAD.
Qoeseae.
The District Callector (Pancheyaths), Chittoor, Chittoor (istrict. (shall
conduct enquiry and place the report before the Court (SPEED
posT) .
5 The Divisional Panchayat Officer, Chitteor, Ohitoor District
8 The Cuvisional Panchayat Officer, Chandragin, Chittoor District.
7. The Mandal Development officer, Varadaiahpalam Mandal,
Varadalahpalem, Chittear distric
8 The Special Officer, Kalathuru Gram Panchayat, Varadalahpaiem Mandal,
Varadaiahnaiem, Chittoor District.
9. The Panchayat Secretary, Kalathuru Gram Panchayat, Varadaiahpalem
Mandal, Varadaianpalem, Crilloor District
10M. Chandra Reddy, S/o Nagi Reddy, Rio Gudelavari Palem Village,
Kalatthuru Grame Panchayal, Varadaiah Palem Mandal, Chitteor District
44.0. Vanku Reddy, S/o Krishna Reddy, R/o Gudelavari Palern Village,
Kalatthuru Grama Panchayal, Varadaiah Palern Mandal, Chittoar District
42.N, Ganesh Reddy, S/o Malla Reddy, Rio Gudelavari Palam Vilage,
Kalatthuru Grama Panchayat, Varadaiah Paiem Mandal, Chittoor District
13.0.Niam, S/o Mabubasha, R/o Gudelavar Palem Village, Kalatihuru Grama
Panchayat, Varadaiah Palem Mandal, Chittoor District
14.V. Jagadeshwar Reddy, Sfo Ravindra Reddy, R/o Gudelavarl Palem
Village, Kalatthuru Grama Panchayat, Varadaiah Palem Mandal, Chittoor
Dystrict
15. K, Subbaramaiah, S/o ChenchuRaghavulu Reddy, R/o Gudelavari Palen
Vilage, Kalatthuru Grama Panchayat, Varadaiah Palem Mandal, Chittoor
Cratrict :
48.K, Kumara Swamy, S/o VesraswamyChetly, R/o Gudelavan Paism Village,
alatthuru Grama Panchayat, Varadaiah Palern Mandal, Chittoar District
47.M@. Rathnaish, S/o VeeraSwamy, R/o Gudelavari Palem Vilage, Kalatthuru
iSrama Panchayat, Varadaiah Palem Mandal, Chittoor District
18D, MabuBasha, Sfo ChinneSubhan, R/o Gudelavari Palem Vilage,
Kalatthuru Grama Panchayat, Varadaiah Palern Mandal, Chittoor District
19.M. Shaker Reddy, S/o Balararnt Reddy, R/o Gudelavarl Palem Vilage,
Kalatthuru Grama Panchayat, Varadaian Palem Mandal, Chiftcor District
20.6. Gurunadham, S/o Venkaia Subbaiah Chetty, R/o Gudelavari Palem
Vilage, Kalatthuru Grama Panchayat, Varadaiah Palem Mandal, Chittoor
CHstrict
24.N. Madhu Krshne Reddy, S'o Malla Reddy, R/o Gudelavari Palem Vilage,
Kalatihuru Grama Panchayat, Varadaiah Pafern Mandal, Chittoor "
fNetrict. (Addressee Nos. t fo 3, 5 fo 10 ta 21 by RPAD)
22. One CC to Mis Indus Law Firm, Advocate [OPUC]
23 Two OCs fo GP for Panchayat Raj & Rural Development, , High Court of
Andhra Pradesh. [QUT]
34 One CC to Sa Vinod K. Reckdy, Standing Counsel [OPUC]
28 One spare copy
HIGH COURT
SRS,
DATED: POU2024
NOTE: LIST THE MATTER ON 25.04.2024
ORDER
WP No 1288 of 2020
DIRECTION
