KOMMISIDDULU NAIDU Vs. STATE OF ANDHRA PRADESH

JUDGEMENT

(1.) This writ petition is filed by two villagers, who are residents of Pullaneellapalli and Pelleru Gram Panchayat. They are questioning G.O.Ms.No.154 dated 11.01.2020 which has been issued by the State for bifurcation of the existing Pelleru Gram Panchayat. By this notification/G.O., Pelleru village/hamlet has been separated from Thurpupalli, Reddyvarikandriga, Pullaneellapalli and Chalapanaidupelli. These five small villages which constituted the Panchayat had a total population of 1651. Now Pelleru is a residuary village and a Gram Panchayat. A new Gram Panchayat called Thurpupalli is formed consisting of hamlets of Thurpupalli, Reddyvarikandriga, Pullaneellapalli and Chalapanaidupelli. The total population of these four hamlets which have been formed into Village Gram Panchayat is 1035. Questioning the manner in which the bifurcation is done, the writ petition has been filed. It is mentioned in the writ affidavit that the procedure stipulated under the Andhra Pradesh Grama Panchayats (Declaration of Villages) Rules, 2007 (for short 'the 2007 Rules') were not followed. It is stated that no show cause notice was issued, that a Gramasabha was not conducted, no "tomtom" or publicity was made in the village etc., to enable the Gramasabha to express its opinion. Questioning the same, the writ petition is filed.

(2.) This Court has heard Sri A.Chandraiah Naidu, learned counsel for the petitioners, Government Pleader for Panchayat Raj and Sri Vinod K.Reddy for the respondents.

(3.) When the writ petition is taken up for hearing, it was noticed that an implead petition (IA.No.1 of 2021) is filed. The petitioners in this implead petition are residents of Pullaneellapalli and Pelleru villages. They want to join as respondent Nos.7 and 8 in the writ petition. This petition was heard along with the writ petition and an opportunity was also given to the respondents to make their submissions. The implead petition is allowed since this Court is of the opinion that the petitioners herein have also raised points which improve the consideration of the issue and which are necessary for the disposal of the writ petition. Their presence is necessary for an effective adjudication of the matter.