B Srinivasulu vs. State Of Andhra Pradesh

Final Order
Court:High Court of Andhra Pradesh
Judge:Hon'ble Subba Reddy Satti
Case Status:Dismissed
Order Date:1 Feb 2024
CNR:APHC010451202019

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Order Issued After Hearing

Purpose:

Disposed

Before:

Hon'ble Subba Reddy Satti

Listed On:

1 Feb 2024

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Order Text

IN THE HIGH COURT OF ANDHRA PRADESH : AMARAVATI THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.52 OF 2020

Between:

B.Srinivasulu S/o Venkataramana, Aged 64 years, Ex Upa-Sarpanch, R/o Chintaparthy Village, Manchuru Post, Valmikipuram Mandal, Chittoor District and two others.

… Petitioners

And

The State of Andhra Pradesh, Rep. By its Principal Secretary, Panchayat Raj & Rural Development department, AP Secretariat, Amaravati, Velagapudi, Guntur District, Andhra Pradesh and six others.

… Respondents

Counsel for the petitioner:M/s Indus Law Firm
Counsel for respondent<br>Nos.1<br>to 5:GP for Panchayat Raj
Counsel for respondent No.6:GP for Revenue
Counsel for respondent No.7:Sri G.Venkata Reddy,<br>Standing Counsel

ORDER

The above writ petition is filed to declare the action of respondent authorities in seeking to shift the Gram Sachivalayam from Kotha Manchuru, despite the direction of the Government vide proceedings No.3343/2002/A5, dated 02.09.2002, uphold by the High Court of Andhra Pradesh in W.P.No.19262 of 2002 dated 06.04.2010, as illegal and arbitrary.

  1. Heard Sri K.Gunashekar, learned counsel for the petitioners and learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos.1 to 5 and learned Government Pleader for Revenue appearing for respondent No.6 and Smt.Hari Priya, learned counsel representing Sri G.Venkata Reddy, learned Standing Counsel appearing for respondent No.7.

  2. Learned counsel for the petitioner would contend that Kotha Manchuru Gram Panchayat of Valmikipuram Mandal, Chittoor District has various hamlets. Since time immemorial, the Gram-chavidi is situated at Kotha Manchuru. Primary School, Upper Primary School, Post Office, Anganwadi Center and Velugu Center, are situated in Kotha Manchuru in Government buildings. When the Government intend to shift Panchayat office temporarily, W.P.No.19262 of 2002 was filed. Said writ petition was dismissed. Due to pressure of local ruling party leaders, respondent authorities are seeking to shift the Grama Sachivalayam from Kontha Manchuru to Patha Manchuru.

  3. Learned counsel appearing for respondent No.7, on instructions of Panchayat Secretary, Gram Panchayat dated 19.12.2023, would submit that Village Sachivalayam was constructed in Patha Manchuru. The building was inaugurated on 16.06.2022 by the local member of the Legislative Assembly and the same is functioning since then.

  4. This Court ordered notice on 07.01.2020 and no interim order was granted. Learned counsel for the petitioner did not dispute the same.

  5. In view of instructions submitted by the learned Standing Counsel that the building was constructed on 16.02.2022 and the employees started functioning there from, this Court does not find any merits in the writ petition and the writ petition is liable to be dismissed.

  6. Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall stand dismissed.

________________________________ JUSTICE SUBBA REDDY SATTI

Date : 01.02.2024 TVN

164

THE HON'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.52 OF 2020

Date : 01.02.2024 TVN