Andhra Pradesh High Court - Amravati
Indeti Veeraiah vs The State Of Ap on 5 October, 2020
Author: J K Maheshwari
Bench: J K Maheshwari
HIGH COURT OF ANDHRA PRADESH AT AMARAVATHI (SPECIAL ORIGINAL JURISIDICTION) MONDAY , THE FIFTH DAY OF OCTOBER TWO THOUSAND AND TWENTY :PRESENT: Page fe THE HONOURABLE THE CHIEF JUSTICE SRI JITENDRA KUMAR MA SHWE ee eS WRIT PETITION NOs: 856, 597 & 672 OF 2020 WP No: 856 OF 2020 Between: 4. Indeti Veeraiah, S/o Somaiah 2. Thota Vasantha Srinivasulu, S/o Sambaiah. AND Petitioners 4. The State of Andhra Pradesh, represented by its Principal Secretary, P.R. and R.D. Department. Secretariat, Velagapudi, Guntur District. The State of Andhra Pradesh, represented by its Principal Secretary, M.A.and U.D. Department. Secretariat, Velagapudi, Guntur District. The Commissioner,, Director of Municipal Administration, Guntur. The District Collector,, Guntur District, Guntur. . The Bapatla Municipality, Rep. by its Commissioner, Bapatla, Guntur District. The Pinniboinavaipalem Gram Panchayat, Rep. by its Special Officer, Adavi Village, Bapatla Mandal, Guntur District. Qnhw N 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 any appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the G.O. Ms. No.224 Pane layat Raj and Rural Development (EandR) Department dated 31-12-2019 cancelling Vallurivaripalem as village and G.O.Ms.No. 353 Municipal Administration and Urban Development (G) ¢ ated 31-12- 2019 Vallurivaripalem H/o Pinniboinavaripalem merg Ng with Bapatla Municipality as illegal, unjust, arbitrary, Voilative of Andhra Pradesh Gram Panchayats (Declaration/De notification /Constitution of Villages) Rules, 2007, AP Municipalities (Inclusion or Exclusion of Areas into /from the inclusion of Municipalities/Nagar Panchayats) Rules, 2015, the provisions of A.P.Panchayat Raj Act and A.P.Municipalities Act and the petitioners' rights guaranteed under Arts 14 and 21 of the Constitution of India and consequently set aside G.O. Ms. No.224 Panchayat Raj and Rural Development (E &R) Department dated 31-12-2019 and G.O.Ms.No. 353 Municipal Administration and Urbar. Development (G) dated 31-12-2019 1A NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the G.O. Ms. No.224 Panchayat Raj and Rural Development (E &R) Department dated 314- 12-2019 in relation to canceling Valluruvaripalem Village Bapatla Mandal, Guntur District, pending disposal of WP 856 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and order of the High Court dated 13.01.2020, 24-01-2020, 30-01-2020, 10.02.2020, 47.02.2020 & 19.03.2020 and upon hearing the arguments of Sri S. Subba Reddy Advocate for the Petitioners GP for Panchayat Raj for the Respondent Nos.1 & 4, GP for Municipal Administration for Respondent Nos.2 & 3, Sri Vinod Kumar K. Reddy, Standing Counsel for Respondent No.5 and of Sri |.Koti Reddy, Standing Counsel for Respondent No.6. WP No: 597 OF 2020 Were NY SS Between: 4 Asodi Nagarjuna Reddy, S/o late Venkateswara Reddy. 2. Asodi Venkanna Reddy, S/o late China Swamy Reddy Petitioners AND 4. The State of Andhra Pradesh, represented by its Principal Secretary, P.R. and R.D. Department. Secretariat, Velagapudi, Guntur District. The State of Andhra Pradesh, represented by its Principal Secretary, M.A. and U.D. Department. Secretariat, Velagapudi, Guntur District. _ The Commissioner, Director of Municipal Administration, Guntur. The District Collector, Guntur District, Guntur. The Bapatla Municipality, Rep. by its Commissioner, Bapatla, Guntur District. The West Bapatla Gram Panchayat, Rep. by its Special Officer, West Bapatla Village, Bapatla Mandal, .Guntur District. nN Oak & 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 any appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the G.O. Ms. No.224 Panchayat Raj and Rural Development (E&R) Department, dated 31- 12-2019 cancelling West Bapatla and 6 hamlets 1. Darivadakothapalem (2) Kukkalavaripalem (3) Mahatmajipuram (4) YSR Nagar (5) Subbareddypalem and (6) Nagendrapalem as village and further action to merge West Bapatla along with hamlets into Bapatla Municipality as illegal, unjust, arbitrary, Voilative of Andhra Pradesh Gram Panchayats (Declaration/ De-notification/Constitution of Villages) Rules, 2007, AP Municipalities (Inclusion or Exclusion of Areas into /from the inclusion of Municipalities/Nagar Panchayats) Rules, 2015 and the petitioners' rights guaranteed under Articles 14 and 21 of the Constitution of India, set aside G.O. Ms. No.224 Panchayat Raj and Rural Development (E&R) Department, dated 31-12-2019 and consequently direct the respondents to refrain from including/merging West Bapatla, along with hamlets into Bapatla Municipality; IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to stay all further proceedings of inclusion of the West Bapatla and 6 hamlets 1. Darivadakothapalem (2) Kukkalavaripalem (3)Mahatmajipuram (4) YSR Nagar (5) Subbareddypalem and (6) Nagendrapalem, Bapatla Mandal, Guntur District into Bapatla Municipality, pending disposal of Writ Petition No.597 of 2020, on the file of the High Court. IA NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the G.O. Ms. No.224 Panchayat Raj and Rural Development (E&R) Department, dated 31- 12-2019 in relation to West Bapatla and 6 hamlets 1. Darivadakothapalem (2) Kukkalavaripalem (3)Mahatmajipuram (4) YSR Nagar (5) Subbareddypalem and (6) Nagendrapalem, Bapatla Mandal, Guntur District, pending disposal of Writ Petition No.597 of 2020, on the file of the High Court. The petition coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and the order of the High Court order dated 13.01.2020, 05.02.2020 & 19.03.2020 made herein and upon hearing the arguments of SRILS.SUBBA REDDY Advocate for the Petitioners, learned GP FOR PANCHAYAT RAJ & RURAL DEVELOPMENT for Respondent No.1, learned GP FOR MUNICIPAL ADMINISTRATION & URBAN DEVELOPMENT for Respondent Nos.2 & 4, SRI.M.MANOHAR REDDY, learned Standing Counsel for Respondent No.3 & 5 and of SRI |.KOTI REDDY, learned Standing Counsel for Respondent No.6, WP No: 672 OF 2020 Between: K.Manmadha Rao, S/o Swamulu, Moka Srinivasa Rao, S/o Lakshmamma Lanka Srinu, S/o Ramudu, K.Chiranjeevi, S/o Tirupalu, Adduri Yedukondalu, S/o Chenchu Punnaiah, Kokkiligadda Mallikarjuna Rao, S/o late Subba Rao,,. OaRwn- Petitioner AND 4. The State of Andhra Pradesh, represented by its Principal Secretary, P.R.and R.D. Depatment.Secretariat, Velagapudi, Guntur District. - The State of Andhra Pradesh, represented by its Principal Secretary, M.A.and U.D. Depatment. Secretariat, Velagapudi, Guntur District. -- The Commissioner, Director of Municipal Administration, Guntur. The District Collector, Guntur District, Guntur. ; The Bapatla Municipality, Rep. by its Commissioner, Bapatla, Guntur District. The Adavi Gram Panchayat,, Rep. by its Special Officer, Adavi Village, Bapatla Mandal, Guntur District. OnRwW N 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 any appropriate writ, order or direction more particularly one in the nature of writ of Mandamus declaring the G.O. Ms. No.224 Panchayat Raj and Rural Development (E and R) Department dated 31- 12-2019 cancelling -notifying Adarshnagar, Hanumanth Nagar, Rama Nagar and Surya Lanka Hamlets of Adavi Gram Panchayat as village and further action to merge the said Hamlets/Villages into Bapatla Municipality as illegal, unjust, arbitrary, Voilative of Andhra Pradesh Gram Panchayats (Declaration/De-notifi cation/Constitution of Villages) Rules, 2007, AP Municipalities (Inclusion or Exclusion of Areas into /from the inclusion of Municipalities/Nagar Panchayats) Rules, 2015 and the petitioners rights guaranteed under Arts 14 and 21 of the Constitution of India, set aside G.O. Ms. No.224 Panchayat Raj and Rural Development (E and R) Department dated 34-12-2019 and consequently direct the respondents to refrain from including/merging the above said hamlets into Bapatla Municipality IA NO: 1 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the writ petition, the High Court may be pleased pleased to-stay all further proceedings qua the merger of Adarsa Nagar, Hanumantha Nagar, Ramnagar and Suryalanka of Adivi Village, Bapatla Mandal, Guntur Dist into Bapatla Municipality, pending disposal of WP 672 of 2020, on the file of the High Court. 1A NO: 2 OF 2020 Petition under Section 151 CPC praying that in the circumstances stated in the affidavit filed in support of the petition, the High Court may be pleased to suspend the G.O. Ms. No.224 Panchayat Raj and Rural Development (E&R) Department dated 31-12-2019 in relation to Adarsa Nagar, Hanumantha Nagar, Ramnagar and Suryalanka of Adivi Village, Bapatla Mandal, Guntur District,pending disposal of WP 672 of 2020, on the file of the High Court. The petitionAppeal coming on for hearing, upon perusing the Petition and the affidavit filed in support thereof and upon hearing the arguments of Sri S SUBBA REDDY, Advocate for the Petitioners, GP for Panchayat Raj for the Respondent Nos.1 & 4, GP for Municipal Administration for Respondent Nos.2, Sri M. Manohar Reddy, Standing Counsel for Respondent No.3 and 5 and of Sri |. Koti Reddy, Standing Counsel for Respondent No.6, and the Court made the following. ORDER:
(Taken up through Video Conferencing ) Heard learned counsel for the parties. interim order, passed earlier, shall remain in operation until further orders. Immediately on resumption of physical hearing, the case be listed for further orders.
Sd/- A.V.S.S. SARMA DEPUTY REGISTRAR ITTRUE COPY! SECTION OFFICER To Tvr NOOR Whoa One CC to SRI. S SUBBA REDDY, Advocate [OPUC] Two CCs to GP for Panchayat Raj, High Court of Andhra Pradesh. [OUT] Two CCs to GP for Municipal Administration, High Court of Andhra Pradesh. [OUT] One CC to Sri M. Manohar Reddy, Standing Counsel (OPUC) One CC to Sri Vinod Kumar K. Reddy, Advocate (OPUC) One CC to Sri |. Koti Reddy, Advocate (OUC) One spare copy HIGH COURT HCJ DATED:05.10.2020 ORDER WRIT PETITION NOs: 856, 597 & 672 OF 2020 INTERIM ORDER EXTENDED