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

Between:

    1. B. Srinivasulu, S/o Venkataramana, Aged 64 years, Ex Upa-Sarpanch R/o. Chintaparthy Village, Manchuru Post, Valmikipuram Mandal, Chittoor District.
    1. G. Venkataramana, S/o. Yellappa, Aged 63 years, R/o. Manchuru Village and Post Valmikipuram Mandal, Chittoor District.
    1. R. Chandrasekhar, S/o. Narayana, aged 61 years R/o. Manchuru Village & Post, Valmikipuram Mandal, Chittoor District.

...PETITIONERS

AND

    1. State of Andhra Pradesh, Rep. by its Principal Secretary Panchayat Raj and Rural Development Department, AP Secretariat, Amaravati, Velagapudi, Guntur District, Andhra Pradesh.
    1. The Commissioner, Panchayat Raj and Rural Development, Andhra Pradesh, Vijayawada.
    1. The District Collector, Chittoor District, Chittoor.
    1. The District Panchayat Officer, Chittoor District, Chittoor.
    1. The Divisional Panchayat Officer, Madanapalle, Chittoor District
    1. The Tahsildar, Valmikipuram Mandal, Chittoor District.
    1. The Panchayat Secretary, Manchuru Gramapanchayat, Valmikipuram Mandal, Chittoor District.

...RESPONDENTS

Petition under Article 226 of the Constitution of India praying that in the circumstances stated in the affidavit filed therewith, the High Court may , be pleased to issue a Writ, Order or Direction more particularly one in the Mature of WRIT OF MANDAMUS declaring the action of the respondents in iMS^king to shift the Grama Sachivalayam from Kotha Manchuru despite the ^ of the Government vide proceedings in No.3343/2002A 5/P dated 02-09-2002 were uphold by the Hon'ble High Court of Andhra Pradesh vide orders dated 06.04.2010 in WP No. <sup>19262</sup> of 2002, as being illegal, arbitrary, violative Article 40 of Constitution of India and consequently direct the Respondents to retain the Grama Sachiyalayam in Kotha Manchuru in the readily available Panchayat building.

lA NO: <sup>1</sup> OF 2020

■V..

.f.. V

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to interdict the respondents from taking up construction of the proposed building to house the Grama Sachivalayam in Patha Manchuru.

lA NO: 2 OF 2020

Petition under Section <sup>151</sup> CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to interdict the respondents from shifting the Gram-Sachivalayam from Kotha Manchuru to Patha Manchuru.

Counsel for the Petitioners: SRI. M/S INDUS LAW FIRM Counsel for the Respondent Nos. <sup>1</sup> to 5: GP FOR PANCHAYAT RAJ RURAL DEV (AP) Counsel for the Respondent No. 6: GP FOR REVENUE Counsel for the Respondent No. 7: SRI. VENKATA REDDY GAJJALA (SC FOR ZPP, MPP AND GRAM PANCHAYAT) The Court made the following: ORDER

HIGH COURT OF ANDHRA PRADESH ; AMARAVATI IN THE

THE HQN'BLE SRI JUSTICE SUBBA REDDY SATTI

WRIT PETITION No.52 OF 2020

Between;

B.Srinivasulu S/o Venkataramana, Aged <sup>64</sup> Ex Upa-Sarpanch, R/o Chintaparthy Valmikipuram year§, Village, Manchum Post, Mandal, Chittoor District and two others.

... Petitioners

And

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

... Respondents

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

ORDER

The above writ petition is filed to decide tho action of seeking to shift the Gram respondent authorities in Sachivalayam from Kotha Manchuru, despite the direction of the vide proceedings No.3343/2002/A5 uphold by the High Court of Andhra Pradesh in dated Government 02.09.2002

SRSJ W.P.No.52 of 2020

/

W.P.No. 19262 of 2002 dated 06.04.2010, arbitrary. as illegal and

  1. Heard Sri K.Gunashekar, learned counsel for the petitioners and learned Assistant Government Pleader for Panchayat Raj appearing for respondent Nos. <sup>1</sup> 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.

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.

Page 3 of 4

SRS, J W.P.No.52 of 2020

Learned counsel appearing for respondent No.7, on $4.$ 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.

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

$6.$ 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.

$7.$ Accordingly, the Writ Petition is dismissed. There shall be no order as to costs.

As a sequel, pending miscellaneous petitions, if any, shall Sd/- B. PRASADA RAO stand dismissed.

ASSISTANT REGISTRAR

//TRUE COPY//

SECTION OFFICER

  1. One CC to Sri. M/S Indus Law Firm, Advocate [OPUC]

To,

  1. Two CCs to GP for Panchayat Raj Rural Dev (AP), High Court of Andhra Pradesh. [OUT]

  1. Two CCs to GP for Revenue, High Court of Andhra Pradesh. [OUT] 4. One CC to Sri. Venkata Reddy Gajjala (SC for ZPP, MPP and Gram Panchayat), Advocate [OPUC]

  2. Three CD Copies

ss

HIGH COURT DATED:01/02/2024

ORDER

$\frac{1}{4}$

WP.No.52 of 2020

2 0 JUL 2024

DISMISSING OF THE WRIT PETITION WITHOUT COSTS